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Date: 05-07-2013

Case Style: Jennifer Riggs v. Gene Rhodes

Case Number: CJ-2013-428

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Pro se

Defendant's Attorney: Alisa Shaddix White

Description: Jennifer Riggs, individually and as parent and next friend of Clayton Riggs, sued Gene Rhodes on a negligence theory claiming:

1. On or about June 3, 2011, in McClain County, Oklahoma, the minor child was injured due to the negligence of the Defendant GENE RHODES.

2. As a result of the negligence of the Defendant, the minor Plaintiff required medical attention, and the minor Plaintiffs parent and next friend incurred certain expenses for the care of the minor Plaintiff.

WHEREFORE, Plaintiff prays for judgment against the Defendant in an amount in excess of Ten Thousand and No/i 00 Dollars ($10,000.00).

Defendant appeared and answered as follows:

1. Defendant denies specifically and generally each and every allegation contained in Plaintiffs Petition and demands strict proof thereof.

WHEREFORE, Defendant moves the court to dismiss Plaintiffs Petition.

Outcome: In consideration of payment to the undersigned of the sum of One Hundred Twelve Thousand Three and NoIlOO Dollars ($112,003.00), the receipt of which is hereby acknowledged, the undersigned parent and next friend of Clayton Riggs, a minor, does forever release, discharge and covenant to hold harmless GENE RHODES, Foremost Insurance Company, and any other person, firm or corporation charged or chargeable with responsibility or liability, including his heirs, administrators, executors, successors and assigns, from any and all claims, demands, damages, costs, expenses, medical liens, loss of services, actions and causes of action, belonging to the said minor or the undersigned arising out of any act or occurrence up to the present time, and particularly on account of all personal injury, disability, property damages, loss or damages of any kind sustained or that may hereafter be sustained by the said minor child or by the undersigned, in consequence of an accident that occurred on or about June 3, 2011, at or near, McClain County, Oklahoma.

The undersigned does hereby bind herself and Clayton Riggs, their heirs administrators, executors, successors and assigns to repay to the said GENE RHODES, Foremost Insurance Company, or any other person, firm or corporation charged with responsibility or liability, their heirs, administrators, executors, successors and assigns, any additional sum of money that any of them may hereafter be compelled to pay on account of the injuries (or medical care) to said minor because of the said accident.

To procure the payment of the said sum, the undersigned hereby declares: that no representation about the nature and extent of the said injuries, disabilities or damages to Clayton Riggs made by any physician, attorney or agent of any party released, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released, have induced the undersigned to make this Release and Indemnity Agreement shall apply to all unknown and unanticipated injuries and damages directly and indirectly resulting from the said accident, as well as to those now disclosed; and that this Release and Indemnity Agreement is executed voluntarily and without duress of any kind, whether economic or otherwise. The undersigned agrees to and will secure a release of any and all medical liens and rights and shall indemnify and hold GENE RHODES and Foremost Insurance Company, harmless from any such liens and rights asserted against them.

The undersigned understands that the parties hereby released admit no liability of any sort by reason of said accident and that said payment and compromise is made to terminate further controversy respecting all claims for damages that said minor or the undersigned has heretofore asserted or might personally or through personal representatives hereafter assert because of said accident.

Further, as a condition of the settlement and release, the undersigned represents and warrants that as of the date of this signing, she has provided the released party’s Insurer all information known about any and all Medicare rights to recovery as of this date. The undersigned agrees to reimburse, indemnify and hold harmless each of the persons, firms or corporations released hereunder and their Insurer, including their agents and assigns, with respect to all known and unknown Medicare rights to recovery related to the subject incident for which the federal government may seek repayment, as well as any fine or penalty the federal government may seek resulting from the sufficiency and/or accuracy of the information the undersigned has provided to Insurer regarding Medicare rights to recovery known as of this date.

The undersigned certifies that we have read the above warning and fully understand it.

Plaintiff's Experts:

Defendant's Experts:


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