Case Style: Brent Bryant v. Kelley Smith
Case Number: CJ-2014-376
Judge: Gary E. Miller
Court: District Court, Canadian County, Oklahoma
Plaintiff's Attorney: Pro Se
Defendant's Attorney: Lawson, King & Shelton, P.L.L.C.
Description: Pursuant to Oklahoma case law and 12 O.S. § 83, Plaintiffs Brent and Lori Bryant request this Court’s approval of settlement for a minor and further seek an order placing remaining funds, after authorized disbursements, into an interest bearing, restricted account at one or more federally insured banking, credit union or savings and loan institutions until the minor reaches the age of majority or authorization by further Court order. Plaintiffs offer the following in support thereof:
1. Venue and jurisdiction are proper as the accident occurred in Canadian County.
2. Brent and Lori Bryant are the natural and custodial parents of C.M.B., a minor who suffered personal injuries as a result of the May 21, 2013 Canadian County auto accident.
3. The Bryants, individually, incurred and will incur medical expenses for treatment and care of the minor and have lost services of the minor as a result of the accident.
4. Plaintiffs have disputed claims for damages against Defendant Kelley Smith, who denies liability but has offered to pay the sum of an agreed sum in excess of $10,000.00 in consideration for a full and final release and discharge of and from all claims, charges and demands of the parents, individually and on behalf of the minor, arising from the accident.
5. Plaintiffs investigated facts surrounding the accident and parties involved and believe Defendant’s settlement offer is in the best interest of the minor, fully understanding that if approved by the Court, they will be forever barred and prevented from seeking further recovery from Lona Smith, Defendant Kelley Smith and liability insurer, Oklahoma Farm Bureau Mutual Insurance Company, even though injuries may worsen or are more serious than believed.
Plaintiffs pray this Court approve this settlement involving a minor child as set forth in the Order of Approval of Minor’s Settlement and for Restricted Account.
Outcome: ORDER OF APPROVAL OF MINOR’S SETTLEMENT AND FOR RESTRICTED ACCOUNT (REDACTED FOR THE PUBLIC) AND DISMISSAL WITH PREJUDICE
Pursuant to Plaintiffs’ petition, Oklahoma case law and 12 OS. § 83, the parties seek approval of a settlement agreement whereby Plaintiffs release and indemni& Lona Smith, Defendant Kelley Smith and liability insurer, Oklahoma Farm Bureau Mutual Insurance Company or “Farm Bureau”, against all claims arising from the accident at issue and further request the Court dismiss Plaintiffs’ claims with prejudice. After reviewing the stipulations and sworn testimony of the parties, the Court finds:
1. This Court grants the parties’ request to file this document under seal pursuant to Rule
31, 12 O.S. Ch. 2, App. of the Rules for the District Courts of Oklahoma and deliver one (1) filed copy each to and for the parties, counsel, auto insurer and bank, credit or savings and loan institution so that the parties, counsel and auto insurer will have a proper record of the figures and so that the bank, credit or savings and loan institution will know when and to whom to release funds. A redacted version with only the minor’s initials and no date of birth or figures will be filed for the public.
2. Venue and jurisdiction are proper.
3. Brent and Lori Bryant are the natural and custodial parents of C.M.B., a minor born October 24, 2000 and who claims personal injuries resulting from the May 21, 2013 Canadian County auto accident.
4. The parents, individually, claim that as a result of the accident, medical expenses for treatment and care of the minor have been incurred and will be incurred and that they have lost services of the minor.
5. The parties have entered a settlement agreement whereby Defendant will pay
$redacted (bodily injuzy liability coverage under the insurance policy between Kelky and Lana Smith and Farm Bureau) in return for Plaintiffs’ agreement to forever release Lona Smith, Defendant Kelley Smith and liability carrier, Farm Bureau, from all past, present and future claims and causes of action, whether now known or unknown, including but not limited to both contractual and extra- contractual, arising from the accident or any applicable insurance policies and contingent upon Plaintiffs dismissing all claims arising out of the accident with prejudice. Defendant does not admit liability but offers this settlement in order to avoid litigation.
6. Per terms of the settlement, $redacted is to be disbursed immediately:
a. $redacted for benefit of Brent and [on Bryant for payment and reimbursement of medical expenses related to care for the minor;
b. Sredacted for medical lien holders for medical expenses related to care for the minor;
c. $redacted for entities with a subrogation interest, including but not limited to health insurance or government assistance, for medical expenses related to care for the minor;
d. $redacted for benefit of Brent and Lori Bryant for payment and reimbursement of transportation and/or lost wages related to medical care for the minor;
e. $redacted for attomey fees and costs;
f. $redacted to C.M.B.; and
g. $redacted shall be personally deposited by Brent and Lori Bryant within 10 days from the date the Order of Approval of Minor’s Settlement and for Restricted Account is filed into an interest bearing, restricted account or CD at a federally insured banking, credit union or savings and loan institution, until Cooper M. Bryant reaches the age of majority or authorization by further Court order and shall not be withdrawn without a valid Court order authorizing the withdrawal, or until the minor reaches majority. Brent and Lori Bryant shall deliver a copy of this filed Order of Approval of Minor’s Settlement and for Restricted Account to and get an executed Receipt for Minor’s Restricted Account from an officer of Municipal Employees Credit Union. Brent and Lori Bryant shall file the executed Receipt for Minor’s Restricted Account with the Court Clerk showing the monies were deposited as ordered. The bank shall disburse remaining funds to the minor upon proper showing of identification at the time the minor obtains majority (18 years of age) without further order of this Court.
7. Plaintiffs agree to and understand the following:
a. The compromise of the disputed claim is in no way to be construed as an admission of liability by Defendant to Plaintiffs;
b. Plaintiffs shall discharge from the settlement any remaining unpaid medical expenses. medical liens and subrogation amounts due to entities;
c. Approval of this settlement by the Court extinguishes all right of the parents, individually and on behalf of the minor, to bring a lawsuit and have that matter tried before a jury even though a jury might award a larger or lesser verdict or no money at all.
d. Approval of this settlement by the Court waives the minor’s right to bring a lawsuit in the name of the minor within one (1) year of reaching majority (18 years of age).
e. Under the laws of the State of Oklahoma the money received shall not be withdrawn until the minor reaches the age of majority (18 years of age) or by order of this Court.
f. Approval of this settlement by the Court forever and finally terminates this action such that Plaintiffs cannot come into Court at a future time and seek additional monies from Lona Smith, Defendant Kelley Smith and liability insurer, Farm Bureau, as a result of.injuries the minor may have received resulting from the accident regardless of whether a change in condition
is later discovered;
g. Plaintiffs have not been pressured, coerced or tricked in any manner into entering into this settlement; and
h. Plaintiffs agree the settlement agreement is fair and just and is entered into by the parties of their own free will and after being fully aware of the circumstances.
This Court orders, adjudges, decrees, grants and approves the settlement agreement as set out herein. The Court further dismisses Plaintiffs’ claims against Defendant with prejudice and orders Plaintiffs to enter into and execute any settlement documents and releases necessary to complete the settlement including release and indemnification of Lona Smith, Defendant Kelley Smith and liability insurer, Farm Bureau.