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Date: 12-14-2013

Case Style: Redmond Kemether v. William Hugos

Case Number: CJ-2013-6005

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Redmond Kemether

Defendant's Attorney: Kelsie J. Lewis, William D. Pettigrew

Description: Redmond Kemether, individually and as Parent and Next Friend of D.K., a minor, sued William Hugos on an auto negligence theory claiming:

1. On or about October 28, 2011, at 1707 Dorchester Dr., Nichols Hills, Oklahoma County, Oklahoma, the minor child was injuied while a guest at the residence.

2. That Redmond Kemether is the biological Parent and Next Friend of the minor child.

3. As a result of the accident, 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 of Twelve Thousand Dollars ($12,000.00).

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

WHEREFORE, Defendant moves the court to set Plaintiff’s Petition for hearing.

Outcome: 1. On or about October 28, 2011, at 1707 Dorchester Dr., Nichols Hills, OK 73120, Oklahoma County, Oklahoma, the minor child was injured while a guest at the residence.

2. That Redmond Kemether is the biological Parent and Next Friend of the minor child.

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

4. Non-Party United Services Automobile Association, (USAA) issued a policy of insurance covering this loss.

5. The parties have reached a compromise settlement whereby the Plaintiffs agree to release and discharge Defendant William Hugos and United Services Automobile Association, (USAA) from any and all claims arising from the accident, in exchange for the total payment to the Plaintiffs in the amount of Twelve Thousand Dollars Dollars ($12,000.00).

6. The settlement proceeds shall be distributed as follows:

Gross Settlement Amount $12,000.00

Redmond Kemether, as PNF of D.K. $12,000.00
_________________________________ $___________________
_________________________________ $___________________
___________________________________ $____________________
___________________________________ $____________________

7. $12,000 shall be placed in a Court Controlled Account at g v+ r
pursuant to 12 O.S. 1991, § 83 for the use and benefit of the minor child.

8. Plaintiffs shall pay all medical bills and liens not otherwise listed above and shall be charged with discharging all rights of subrogation or indemnification asserted by any third party. The parties agree that the payment made in accordance with this compromise settlement shall not be construed as an admission of liability on the part of the Defendant, but rather is paid in compromise of a disputed claim in order to avoid further litigation.

9. The parties enter into this agreement of their own free will and they believe the agreement
to be just and fair.

10. The Parent and Next Friend of the a minor, is aware that by asking the Court to approve this settlement that he waives the minor’s right to trial by jury. He is aware that the minor, has until one year beyond his eighteenth birthday to bring suit against Defendant as to the claims against him. He freely, knowingly, and voluntarily asks the Court to
approve his waiver of these rights on behalf of the minor child.

11. The Court finds that this settlement is in the best interest of the minor child and the Parent and Next Friend agrees with the Court’s ruling in this regard.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Order Approving Settlement and Order for Deposit filed by the parties to this action should be and the same is hereby granted, and this Court approves the terms of the settlement agreement as set out herein.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the funds on deposit with the above identified Bank in this case shall be held for the minor child and that no withdrawal shall be made or allowed without further order of the Court or until the minor presents 2 forms of ID indicating that he has reached his 18th birthday. This Order binds all providers, Parent(s),
Guardian(s), the Bank, it’s employees, officers, assigns and successors.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the claims of Plaintiffs are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Probate Division of this Court retain jurisdiction over the settlement funds pursuant to 12 O.S. § 83, until the minor reaches their 18th birthday.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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