Date: 12-10-2013

Case Style: April Dobyns v. Dana Hudson and USAA

Case Number: CJ-2013-5512

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Stephen F. Bulleigh

Defendant's Attorney: A. Mark Smiling and Gentray Smiling

Description: April Dobyns sured Dana Hudson and USAA on a negligence theory claiming:


1. On or about December 27, 2012, an accident occurred in an around 20th and Toledo Place, Broken Arrow, Oklahoma, Tulsa County, State of Oklahoma. The minor Madison Dobyns was involved in an accident wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor’s parent and next friend, April Dobyns (hereinafter referred to as “Plaintiff”), have asserted claims against USAA’s insured, Dana Hudson (hereinafter referred to as “Defendant”).

2. The parent and next friend of the injured minor appears to assert the injured minor’s claim and also to assert the parent’s individual claim for damages and expenses sustained by the parent arising out of the minor’s injuries.

3. A compromise agreement has been reached. Defendant has agreed to pay a total of $14,705.00 to Plaintiff.

4. Distribution of the settlement amount of $14,705.00 shall be: Medical Service Providers — St. Francis - $888.00; Medicaid - $2,892.00; MedNow Urgent Care Center - $170.00; Legal Fees - $4,896.00; Trust - $5,859.00; and April Dobyns, as parent and next friend of Madison Dobyns, a minor - $0.

5. The parent, in her individual capacity, has agreed to pay her own attorney fees where applicable, any and all outstanding medical bills, hospital liens, physician’s liens, insurance subrogation claims, or any other claims against proceeds of this settlement from the funds given to her individually, and has agreed to indemnify the Defendant from any further loss or claims by any medical provider, lien claimant, or subrogated claimant.

6. The Petitioners each believe that the settlement is fair, equitable and in the best interest of the minor child and represent to the Court that the settlement agreement was entered into free from duress or coercion by either of the parties and that they have formed their opinions with regard to this settlement based upon their own independent beliefs and thoughts.

7. Petitioners are aware that this settlement, if approved by the Court, will fully compromise and conclude the subject claim against USAA’s insured, and that the injured minor, and the minor’s parent and next friend, will not be able to seek further compensation from the Defendant, should the injured minor’s condition change or new injuries develop or be discovered after this settlement.

8. Petitioners are also aware that by so settling the case that both the injured minor, and the minor’s parent, are giving up their rights to file a civil action against the Defendant. Petitioners are aware that the minor Plaintiff would otherwise have the right to file a civil action for the minor’s damages within two (2) years of the date of the accident, or within one (1) year from the date the injured minor reaches the age of majority, whichever is longer. Petitioners are aware that the parent and next friend of the injured minor would otherwise have the right to file a civil action for the parent’s and next friend’s damages within two (2) years of the date of the accident. If such civil action were pursued, the Petitioners are aware that a jury may award either greater or lesser damages than those received in this settlement.

WHEREFORE the Petitioners pray that the Court enter its order approving the compromise agreement along with any and all other matters as required by law.

Outcome: 1. . On or about December 27, 2012, an accident occurred in an around 20th and Toledo Place, Broken Arrow, Oklahoma, Tulsa County, State of Oklahoma. That as a result of the accident, the minor was allegedly injured and a claim has arisen against the Defendant that is disputed both as to liability and damages. The parties have reached a compromise agreement and have requested that the Court approve the settlement.

2. THE COURT FINDS that April Dobyns is the proper party to act on behalf of the minor child and that she is competent.

3. THE COURT FINDS that a compromise agreement has been reached wherein the Defendant has agreed to pay a total sum of $14,705.00 for the claim
Madison Dobyns, representing the claims for all necessary and incidental expenses, past and future, incurred or to be incurred, because of the alleged injuries to the minor, and for loss of love, services and affection of the minor due to said alleged injuries, and attorney fees and costs, and representing full payment for pain and suffering, both past and future, permanent disability, disfigurement and any other claim the minor child may have now, or which may arise in the future, known or unknown, resulting from the said incident.

4. Distribution of the settlement amount of $14,705.00 shall be: Medical Service Providers — St. Francis - $888.00; Medicaid - $28.92; MedNow Urgent Care Center - $170.00; Legal Fees - $4,896.00; Trust - $8,722.08; and April Dobyns, as parent and next friend of Madison Dobyns, a minor - $0.

5. THE COURT FINDS that the Plaintiff has reached an informed decision to waive the right to trial by jury against this defendant. Plaintiff is fully aware of the consequences of settlement of this matter and is aware that once the Court approves this settlement and the settlement proceeds have been paid, that both the parents and the minor, even after reaching the age of majority, shall be forever barred from making any additional claims as a result of the subject accident against this defendant only, even if the medical condition of the minor does not continue as presently anticipated or shall unexpectedly change for the worse after this settlement.

6. THE COURT FINDS that the parties have agreed, and the Court so orders, that the parents, individually, shall pay any and all outstanding medical bills, liens, attorney fees, and any other claims made against the settlement proceeds, and shall indemnify the Defendant and his insurer from any further loss.

7. THE COURT has heard testimony as to the medical condition and prognosis of the minor child, and as to the other elements of damage and liability in the case, and FINDS that the settlement agreement is fair, equitable, and in the best interest of the minor; that it was entered into free from fraud, coercion and duress by either of the parties, their agents, insurers or attorneys. Said agreement is hereby approved by the Court.

8. THE COURT FINDS AND HEREBY ORDERS that the proposed settlement as set forth above should be and hereby is approved and upon payment of the settlement proceeds, or purchase of the annuity contract, the Defendant shall be deemed to be released from any and all further liability to the other parties as a result of the incident described herein.

Plaintiff's Experts:

Defendant's Experts:

Comments: