Date: 01-23-2015

Case Style: Saul Magana and Chantal Vidal, as parents and next friends of G.M., a minor v. Christina Landeros and Martin Landeros

Case Number: CJ-2014-522

Judge: Dynda R. Post

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Pro se

Defendant's Attorney: Dan Aizeman

Description: COME NOW, the Petitioners, set forth above, and herein jointly pray that the Court approve the settlement agreement entered into between the parties.
1. On or about April 22, 2012, in Mayes County, State of Oklahoma, the minor, G. M., a minor, suffered injuries from a dog bite while on the Defendants’ property. As a result of the incident, the injured minor and the minor’s parents and next friends, Saul Magana and Chantal Vidal, (hereinafter referred to as “Plaintiffs”), have asserted a claim against Christina and Martin Landeros (hereinafter referred to “Defendants”). The claim is disputed as to liability and damages.
2. The parents and next friends of the injured minor appear to assert the injured minor’s claim and also to assert the parents’ individual claim for damages and expenses sustained by the parents arising out of the minor’s injuries.
3. A compromise agreement has been reached. Defendants’ insurance company, Union Mutual Insurance Company (“UMIC”) has agreed to pay on behalf of is insured, a total of $32,837.67 to Plaintiffs.
4. Distribution of the settlement amount of $32,837.67 shall be: Oklahoma Healthcare Authority in the amount of$ 1,400.67; MESTA in the amount of $1,437.00; and Saul Magana and Chantel Vidal as parents and next friends of G.M., a minor, in the amount of $30,000.00 to be placed in a trust at The Peoples Bank and to be held for the sole benefit of G.M., a minor, not to be distributed or withdrawn until the minor child reaches the age of majority or by subsequent order of this Court.
5. The parents, in their individual capacity, have agreed to pay their own attorney fees where applicable, any and all outstanding medical bills, hospital bills, hospital liens, physician’s liens, insurance subrogation claims, or any other claims against proceeds of this settlement from the funds given to them individually, and have agreed to indemni’ the Defendants and their insurer, UMIC, from any further loss or claim by any medical provider, lien claimant or subrogated claimant.
6. The Petitioners each believe that the settlement is fair, equitable and in the best interest of the minor child and represent to the Court that the settlement agreement was entered into free from duress or coercion by either of the parties and that they have formed their opinions with regard to this settlement based upon their own independent beliefs and thoughts.
7. Petitioners are aware that this settlement, if approved by the Court, will fully compromise and conclude the subject claim, and that the injured minor, and the minor’s parents and next friends, will not be able to seek further compensation from the Defendants should the injured minor’s condition change or new injuries develop or be discovered afier this settlement.
8. Petitioners are also aware that by so settling the case that both the injured minor, and the minor’s parents, are giving up their right to file a civil action against the Defendants.
Petitioners are aware that the minor Plaintiff would otherwise have the right to file a civil action for the minor’s damages within two (2) years of the date of the incident, or within one (1) year from the date the injured party reaches the age of majority, whichever is longer. Petitioners are aware that the parents and next friends of the injured minor would otherwise have the right to file a civil action for the parents and next friends’ damages within two (2) years of the date of the incident. If such civil action were pursued, the Petitioners are aware that a jury may award either greater or lessor damages than those received in this statement.
WHEREFORE, the Petitioners pray that the Court enter its order approving the compromise agreement along with any and all other matters as required by law.

Outcome: Settlement approved by the Court and case dismissed.

Plaintiff's Experts:

Defendant's Experts:

Comments: