Date: 01-10-2014

Case Style: Mercedes Moore, individually and as parent and next friend of Cadence Smith and Bria Beasley, v. Melissa Shaffer

Case Number: CJ-2013-6441

Judge: Thomas E. Prince

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nevin R. Kirkland and Taren Lord-Halvorson

Defendant's Attorney: Brad L. Roberson and B. Chance Holland

Description: For claims against the Defendant, Plaintiffs state:

1. Plaintiffs and Defendant are all residents of Oklahoma County, State of Oklahoma. The incident giving rise to this action occurred in Oklahoma County, State of Oklahomb. This court has jurisdiction over the parties and subject matter of this action and venue is properly lad in this county.

2. On December 8, 2011, Defendant was operating a motor vehicle while un icr the influence of intoxicants and negligently caused a motor vehicle collision resulting in injuries to Plaintiffs.

WHEREFORE, Plaintiffs seek damages, including punitive damages, in excess of the amount required for diversity jurisdiction pursuant to § 1332 of Title 28 of the United States Code.

Defendant, Melissa Shaffer (“Defendant”), for her Answer to the Petition of Plaintiffs, Mercedes Moore, Individually and as Parent and Next Friend of Cadence Smith and Bria Beasley (“Plaintiffs”), alleges and states as follows:

1. Defendant admits the allegations and statements contained within numerical paragraph 1 of Plaintiffs’ Petition.

2. Defendant denies the allegations and statements contained within numerical paragraph 2 of Plaintiffs’ Petition.

AFFIRMATIVE DEFENSE

1. Settlement.

Outcome: ORDER APPROVING SETTLEMENT NOW on this 1 0th day of January 2014, this cause comes on before The Honorable Thomas E. Prince, the undersigned Judge of the District Court in and for Oklahoma County, State of Oklahoma, pursuant to agreement of all parties. Plaintiff, Mercedes Moore, Individually and as Parent and Next Friend of Cadence Smith, a minor (“Plaintiff’), appearing by and through her counsel of record, Taren Lord-Halvorson of EDMONDS COLE LAW FIRM; and Defendant, Melissa Shaffer (“Defendant”), appearing by and through her counsel of record, B. Chance Holland of PIGNATO, COOPER, KOLKER & ROBERSON, P.C.

It was thereupon stated to the Court by the parties that a Settlement Agreement has been reached, by which Defendant has agreed to pay to Plaintiff the sum of One Thousand Dollars ($1,000.00) through her insurer, Progressive Direct Insurance Company.

It was further stated to the Court by the parties that the Settlement Agreement is fair and reasonable, is freely and voluntarily entered into by all concerned, and that the parties wish to have the Court approve said settlement.

Whereupon, the Court proceeded to hear the evidence of witnesses. The Court finds that the settlement and is in the best interest of the minor and should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff, Mercedes Moore, IndiviIually and as Parent and Next Friend of Cadence Smith, a minor, is hereby awarded the total sum of One Thousand Dollars ($1,000.00) to be apportioned as set forth below:

1. $ 384.00 to INTEGRIS BAPTIST MEDICAL CENTER; and

2. $ 616.00 to be placed in trust for the minor child, Cadence Smith.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 120.S. § 83, that the settlement and distribution proceeds of the minor, Cadence Smith, shall be deposited in one or more federally-insured banking, credit union, or savings and loan institutions, or invested by a trust department of a banking institution, approved by the Court, and that these funds not be withdrawn without order of the Court authorizing future withdrawals, unless and until the minor child reaches the age of majority. The parties have informed the Court that the Minor’s proceeds will be deposited at the following financial institution: , which the Court finds reasonable. By way of separate order, Plaintiff must provide proof of deposit in said institution within twenty (20) days.

Plaintiff's Experts:

Defendant's Experts:

Comments: