Case Style: Brandy Summers v. Jason Scott Summers
Case Number: CJ-2015-23
Judge: Sheila A. Condren
Court: District Court, Rogers County, Oklahoma
Plaintiff's Attorney: Sam Perrine
Defendant's Attorney: Clark Crapster
Description: Claremore, OK - Brandey Summers, an individual and as Mother and Next Friend of J.S., J.S., J.S. and J.S. sued Jason Scott Summers, a/k/a Jason S. Summers, a/k/a Jason Summers on negligence theories claiming:
1. Plaintiffs were at all material times residents of Rogers County, Oklahoma.
2. Defendant was at all material times upon information and belief a resident of Mayes County, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknowu now, but may be revealed through the course of discovery. Defendant John Doe is an entity that transacts business/engages in commerce on a regular basis in Oklahoma, and the claims alleged here arise out of the Defendant John Doe's actions and/or inactions in Oklahoma.
4. Defendant Jane Doe, an individual, is a person residing in Oklahoma whose identity is unknowu at this time, but may be revealed through the course of discovery.
5. This motor vehicle incident occurred in Rogers County, OK on about 02/02/14.
6. This Court has jurisdiction over this matter.
7. Defendant drove too fast for road conditions, directly causing this wreck.
8. Defendant made an improper act and/or movement with Defendant's vehicle.
9. Plaintiffs were no-fault passengers in the Defendant's vehicle. I 0. The Defendant was the unsafe I unlawful factor here.
11. The Defendant was driving at an unsafe speed.
12. The vehicle Defendant drove was totaled.
13. The vehicle Defendant drove had to be towed from the scene of the wreck.
14. This impact directly caused personal injuries to the Plaintiffs.
15. Defendant direct!y caused this crash.
16. Defendant directly caused injuries and damages to Plaintiffs.
17. Defendant breached duties owed to Plaintiffs.
18. Defendant was negligent, negligent per se and/or liable under res ipsa loquitur because Defendant violated and/or breached applicable statute(s), law(s), and/or ordinance(s), which directly caused injuries and damages to Plaintiffs.
19. Defendant had the responsibility to drive as a reasonably prudent driver at the date and time of this incident.
20. Defendant violated that responsibility.
21. Defendant was negligent.
22. As a direct result of the actions and/or omissions of Defendant, Plaintiffs were injured and suffered damages.
WHEREFORE, Plaintiffs pray for judgment against Defendant in an amount in excess of
$75,000, pre-judgment interest, post-judgment interest, attorney's fees, costs, expenses, any all other relief which this Court deems just and proper.
PETITION FOR COURT APPROVAL OF SETTLEMENT WITH MINOR
COMES NOW the Plaintiff, Brandy Summers, as parent and next friend ofJessica Summers, Jasmon Summers, Jadin Summers and Jason Summers, minors, (hereinafter, "minors") and Defendant, Jason Scott Summers, and pray this Honorable Court approve the settlement agreement previously entered into between the parties as more fully set forth below:
On or about February 2, 2014, the minors, were involved in an automobile accident, wherein the minors sustained injuries. As a result of the incident, the minors by and through Brandy Summers, their parent and next friend, has asserted claims against the Defendant, Jason Scott Summers. These claims are disputed both as to liability and damages.
Brandy Summers, as parent and next friend of Jessica Summers, Jasmon Summers, Jadin Summers and Jason Summers, minors, properly appears to assert the minors' claims for damages
and expenses sustained arising out of the minors' alleged injmies.
A compromise agreement has been reached wherein Defendant, Jason Scott Summers, and his liability insurance carrier, CSAA Insurance Group, an AAA insurer ("CSAA"), has offered to pay to Plaintiff the total sum of TWENTY-FNE THOUSAND DOLLARS AND 00/100 ($25,000.00). This amount represents payment for necessary and incidental expenses, past and future, incumxl or to be incurred as a result of any injuries to the minor Petitioners and for pain and suffering, both past and future, permanent disability, disfigurement, and anyother claim said minors may have now, or which may arise in the future, known or unknown, resulting from the said accident. Further, Brandy Summers, as parent and next friend of the minors, has agreed to conserve the monies received in settlement for and on behalf of the minors, pursuant to 12 OKLA. STAT. tit
Brandy Summers, as parent and next friend of the minors, has agreed to pay any and all outstanding medical bills, hospital liens, physician' s liens, insurance subrogation claims, or any other claims against proceeds of this settlement from tbe funds given to the minors, and has agreed to indemnify Defendant Jason Scott Summers from any further loss or claims by any medical provider, lien claimant, or subrogated claimant.
Brandy Summersbelieves that the settlement is fair, equitable, and in the best interest of her minor children. She represents to the Court that the settlement agreement was entered into free from duress or coercion by the Defendant, Defendant's insurance carrier or the undersigned attorney for the defendant. Finally, Brandy Summers has formed her opinion with regard to this settlement on behalf of her minor children, based upon her own independent beliefs and thoughts.
Brandy Summers is aware that this settlement, if approved by the Court, wm fully
compromise and conclude the subject claims, and that neither she nor her minor children, or any other person will be able to seek further compensation from the Defendant Jason Scott Summers or CSAA should the minors' conditions change, or new injuries develop or be discovered after the settlement.
Brandy Summers is also aware that by so settling the case, she is giving up her rights as well
as her minor children's rights to file a civil action against Defendant Jason Scott Summers, Brandy Summers is aware that the minors, have the right to file a civil action for their damages up to one (I) year following the date they reach the age of majority. Ifsuch civil actions were pursued, Brandy Summers is aware that a judge or jury award could exceed the amount of this settlement, yet she wishes to proceed with the settlement as set forth above.
Being made aware of the responsibilities, obligations and rights above, Brandy Summers, as parent and next friend of Jessica Summers, Jasmon Summers, Jadin Summers and Jason Summers, minors, and the Defendant Jason Scott Summers wish to have this court consider and approve the settlement of the minor children's claims herein.
WHEREFORE, the Petitioner prays that the Court enter its Order approving the compromise agreement along with any and all other matters as required by law.
Outcome: 01-27-2016 CTFREE
JUDGE CONDREN: COURT REPORTER SHEILA RICHIE: ATTORNEY JOHN TRUSKETT PRESENT WITH BRANDY SUMMERS, ATTORNEY SETH CAYWOOD PRESENT FOR DEFENDANT JASON SCOTT SUMMERS. PARTIES SWORN TESTIMONY TAKEN. COURT FINDS SETTLEMENT IN MINORS BEST INTEREST. COURT APPROVES SETTLEMENT. SETTLEMENT ENTERED FREELY AND VOLUNTARILY. ORDER SIGNED.