Case Style: Ben Grunewald v. Jamie Thibodeau
Case Number: CJ-2013-621
Judge: Gary E. Miller
Court: District Court, Canadian County, Oklahoma
Plaintiff's Attorney: Pro se
Defendant's Attorney: Tracy Zahl
Description: Ben Grunewald and Wendy Grunewald, individually and as Parents and Next Friends of Grace Grunewald, a minor sued Jamie Thibodeau on an auto negligence theory claiming:
1. This action arises out of an incident that occurred on Saturday, September 01,
2012, in Canadian County in the State of Oklahoma.
2. Plaintiffs Ben and Wendy Grunewald are the parents and next friends of minor Grace Grunewald.
3. As a result of the incident referred to in Paragraph 1, the minor plaintiff suffered injuries to her body. In addition, the Plaintiffs, Ben and Wendy Grunewald, are obligated to pay medical expenses incurred to date by the minor plaintiff and will incur additional medical expenses in the future.
4. Defendant has offered to settle this matter for Five Thousand Four Hundred Eighty-Five and 73/100 Dollars ($5,485.73).
5. Parent Plaintiffs have considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believe that the proposed settlement is in the best interests of the minor(s), and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiffs will be forever barred from seeking further recovery from the defendant, even though the injuries might be worse or more serious in the future than now believed.
WHEREFORE, the Plaintiffs, and said Defendant, respectfully request this Court to approve the settlement agreement as set forth in the above paragraphs between Plaintiffs and Defendant and further respectfully request the court to order the claims of the Plaintiffs dismissed with prejudice.
Outcome: 1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, fmds that the total settlement amount of Five Thousand Four Hundred Eighty-Five and 73/100 Dollars ($5,485.73) to be paid on behalf of the minor child, Grace Grunewald, is fair and reasonable and in the best interest of the minor child, and that Jamie Thibodeau should be released from further liability arising out of the events alleged in the above styled matter.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the total settlement amount of Five Thousand Four Hundred Eighty-Five and 73/1 00 Dollars ($5,485.73) on behalf of the minor child, Grace Grunewald, is hereby approved, and Jamie Thibodeau is released from further liability to Grace Grunewald for any cause of action arising out of this accident.
ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
Pursuant to 12 O.S. §83, the Court orders:
2. Immediate distribution is hereby authorized in the amount of $150.00 for the payment of Integris Baptist Medical Center, lien holder.
2. Immediate distribution is hereby authorized in the amount of $1,462.00 for the payment of Emergency Medical Services Authority (EMSA), lien holder.
3. Immediate distribution is hereby authorized in the amount of 4ra)ènt of medical expenses incurred on behalf of the minor, Grace Grunewald.
4. Check or draft in the sum of $1,139.40 for the benefit of the minor Plaintiff Grace Grunewald shall be deposited in a trust account for the benefit of the minor child at Arvest Bank, and shall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years
5. It is directed that Plaintiffs Ben and Grunewald, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.
6. This case is hereby transferred to the Probate Division of the District Court of Canadian County for supervision purposes.