Preview
CAUSE NO. DC-22-l4932
KENNETH R. FLOYD § IN THE DISTRICT COURT
3
v. a 134* JUDICIAL DISTRICT
i
ARGONAUT SOUTHWEST INSURANCE §
COMPANY § DALLAS COUNTY,
TEXAS
ON THIS, the__dayoprri1, 2023 came ontobeheerd flieabovenumbered and
entitled cause, when came Kenneth R. Floyd, by and through his alleged next find and
guardian, Judie Lawley, hereinafter called "Claimant", in person and by attorney,
Kenneth K. Stephms and came Argonaut Southwest Insurance Company, hereinafter
called "Carrier”, by its attorney, Dana M. Gannon, announced to the Court that an
agreement had been reached, subject to the approval of the Court for the settlement of all
the matters in controversy in this cause, or which could he in controversy in this cause;
And it appearing to the Court that this is a workers' compensation lawsuit in
which Claimant seeks to recover worker-3' ccmparsation benefits under various theories,
all of which allegedly occurred during the period of employment with an insured
subscribed under the Workers‘ Compensation Commission Act, Art 8306 EJ5-
TEX.REV.CIV.STAT.ANN.
And it eppeming firrthcr to the Court that the Honorable Industrial Accident
Board of the State of Texas by and fluough its successor organizations, Texas Workers’
Compensation Commission, and Texas Department of Insurance, Division of Workers’
Compensation, has heretofore made its final ruling, award and decision on said claim for
compensation, from whichan sppealwasdulyperfectedtothis Court, whichCourthas
jurisdiction of the parties and subject matter;
AnditappcringtotheComtfliatnndaflieagteelnentofsettlement, and without
achnisaion of liability, Carrier is to pay to Judie Lawley on behalf of Claimant and
claimant's attomeys, the sum of FOUR THOUSAND AND EIGHTY-FWE DOLLARS
AND NOIIOO DOLLARS ($4,085.00), in full, final and complete settlement of said
cause of action as alleged in thepetition or which could have been alleged.
AnditappeafingtothecmmthatflnsFOURTHOUSAND ANDEIGHTY-FIVE
DOLLARS AND NO/IOO DOLLARS ($4,085.00) settlement represents a resolution to
all claims for expenses and musing care benefits. The parties specifically agree that the
Carrier mains liable for lifetime income benefits and reasonable and necessary medical
cateandtreatmentasitrelatestotheinjmythebasia ofthis claim.
AnditfinflmappeafingtotheCounthatsaidClaimanthasheenrepreaemedin
thepioseention ofthis caaeandantforcompensationby dulyretained counsel andthe
reasonable value ofthe savices is an amount equal to 25% ofthe amount recovered in
this suit;
And it finally sweating in the coast that Cause Number DC-22-l4932 will be
dismissed with prejudice and afiel‘miew of said settlement, the settlement appears to the
Court to be fair, just and reasonable;
It is therefore ORDERED, ADJUDG. AND DECRBED by the Court that the
award of the Industrial Accident Board of the State of Texas, by and through its successor
organizations, Tamas Workers' Compensation Commission and the Texas Department of
Insurance, Division of Workm’ Cmnpensation, wherein Carrier and Claimant were
parties be in all things set aside;
It is further ORDERED, ADJUDGED AND DECREED by the Conn that the
of settlanent as above outlined shall he and the same is hereby in all things
agreement
sppmved and mutant thereto. it is ORDERED, ADJUDGED AND DECREED by the
CouflthattheClsimantdoeshave andrecover ofand fiom Carrierthe sum ofFOUR
THOUSAND AND ElGHTY-FIVE DOLLARS AND NO/IOO DOLLARS ($4,085.00).
The Court further ORDERS and approves attomeys' fees of twenty-five percent (25%) of
said amounts recovered herein and approves the payment of same jointly or severally as
the Carrier may elect.
It is fimher ORDERED. ADIUDGED AND DECREED by the Court that upon
payment of the sums provided for in this judgment. that Claimant and Claimant's
attorrreys do fully and finally discharge both the Claimant's employer and Carrier from
any and all liability whatsoever, upon any dmnands, claims or causes of action arising out
of or based on expenses and musing care benefits alleged by Claimant and Judie Lawley
including any claims under Article 8307c TEX.REV.CIV.STAT.ANN.. with the
exception of future reasonable and necessary medical care and heaunmt related to the
claim. Any and all other matters and things in controversy herein are herewith are settled
and forever disclmged in favor of Carrier.
It is further ORDERED, ADIUDGED AND DBCREED that Carrier remains
liable for medical care and treatment as it relates to the Claimant's October 25, 1980
compensable injury, whether incurred in the past or future.
And lastly, it is fimhu' ORDERED, ADIUDGED AND DECREED that the entire
judgment as above outlined has been or will be fully paid and satisfied by Carrier within
twenty (20) days fiomthe entryhereof. All costs ofcom't, mcpeatandwitness fees areto
be paid by the parties incurring same.
ENTERED AND SIGNED this day of . 2023.
JUDGE PRESIDING
APPROVED AND AGREED TO:
LAWL
FRIENDANDGU
KENNETH R. FLOYD
PLANTIFF/CLANANT
LAW OFFICES OF KENNETH K. STEPHENS
4709 West Invers Lane, Suite 100
Dallas, Texas 75209
Tel: (214) 361- 5550
Fax: 871-7178
(2l4) awycrs@usa.net
Kuhneth K."St
State Bar No 191 ’8500
ATTORNEY FOR PLAINTIFF/CLAIMANT
WILSON SAVOY
THORNTON, BIECHLIN, REYNOLDS & GUERRA, DC
100 North Eastinop 410, Suite 500
San Antonio, Texas 78746
Tel: (210) 342-5555
Fax: (210) 200-603 1
Email: Dgannon@dmmtonfi1m.com
Nan-Sh M-M
Dana M. Gannon
State Bar No. 07623800
ATTORNEY FOR DEFENDANT[CARRIER
ARGONAUT SOUTHWEST INSURANCE COMPANY
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Robbie Puckett on behalf of Dana Gannon
Bar No. 7623800
rpuckett@thorntonfirm.com
Envelope ID: 75268537
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED JUDGMENT
Status as of 5/3/2023 12:51 PM CST
Associated Case Party: ARGONAUT SOUTHWEST INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
Dana Gannon dgannon@thorntonfirm.com 5/3/2023 11:55:06 AM SENT
Robbie Puckett rpuckett@thorntonfirm.com 5/3/2023 11:55:06 AM SENT
Kristi LMiller kmiller@thorntonfirm.com 5/3/2023 11:55:06 AM SENT
Associated Case Party: KENNETHRFLOYD
Name BarNumber Email TimestampSubmitted Status
Kenneth Kelly Stephens 19158500 kkslawyers@usa.net 5/3/2023 11 :55:06 AM SENT
Preview
CAUSE NO. DC-22-l4932 KENNETH R. FLOYD § IN THE DISTRICT COURT 3 v. a 134* JUDICIAL DISTRICT i ARGONAUT SOUTHWEST INSURANCE § COMPANY § DALLAS COUNTY, TEXAS ON THIS, the__dayoprri1, 2023 came ontobeheerd flieabovenumbered and entitled cause, when came Kenneth R. Floyd, by and through his alleged next find and guardian, Judie Lawley, hereinafter called "Claimant", in person and by attorney, Kenneth K. Stephms and came Argonaut Southwest Insurance Company, hereinafter called "Carrier”, by its attorney, Dana M. Gannon, announced to the Court that an agreement had been reached, subject to the approval of the Court for the settlement of all the matters in controversy in this cause, or which could he in controversy in this cause; And it appearing to the Court that this is a workers' compensation lawsuit in which Claimant seeks to recover worker-3' ccmparsation benefits under various theories, all of which allegedly occurred during the period of employment with an insured subscribed under the Workers‘ Compensation Commission Act, Art 8306 EJ5- TEX.REV.CIV.STAT.ANN. And it eppeming firrthcr to the Court that the Honorable Industrial Accident Board of the State of Texas by and fluough its successor organizations, Texas Workers’ Compensation Commission, and Texas Department of Insurance, Division of Workers’ Compensation, has heretofore made its final ruling, award and decision on said claim for compensation, from whichan sppealwasdulyperfectedtothis Court, whichCourthas jurisdiction of the parties and subject matter; AnditappcringtotheComtfliatnndaflieagteelnentofsettlement, and without achnisaion of liability, Carrier is to pay to Judie Lawley on behalf of Claimant and claimant's attomeys, the sum of FOUR THOUSAND AND EIGHTY-FWE DOLLARS AND NOIIOO DOLLARS ($4,085.00), in full, final and complete settlement of said cause of action as alleged in thepetition or which could have been alleged. AnditappeafingtothecmmthatflnsFOURTHOUSAND ANDEIGHTY-FIVE DOLLARS AND NO/IOO DOLLARS ($4,085.00) settlement represents a resolution to all claims for expenses and musing care benefits. The parties specifically agree that the Carrier mains liable for lifetime income benefits and reasonable and necessary medical cateandtreatmentasitrelatestotheinjmythebasia ofthis claim. AnditfinflmappeafingtotheCounthatsaidClaimanthasheenrepreaemedin thepioseention ofthis caaeandantforcompensationby dulyretained counsel andthe reasonable value ofthe savices is an amount equal to 25% ofthe amount recovered in this suit; And it finally sweating in the coast that Cause Number DC-22-l4932 will be dismissed with prejudice and afiel‘miew of said settlement, the settlement appears to the Court to be fair, just and reasonable; It is therefore ORDERED, ADJUDG. AND DECRBED by the Court that the award of the Industrial Accident Board of the State of Texas, by and through its successor organizations, Tamas Workers' Compensation Commission and the Texas Department of Insurance, Division of Workm’ Cmnpensation, wherein Carrier and Claimant were parties be in all things set aside; It is further ORDERED, ADJUDGED AND DECREED by the Conn that the of settlanent as above outlined shall he and the same is hereby in all things agreement sppmved and mutant thereto. it is ORDERED, ADJUDGED AND DECREED by the CouflthattheClsimantdoeshave andrecover ofand fiom Carrierthe sum ofFOUR THOUSAND AND ElGHTY-FIVE DOLLARS AND NO/IOO DOLLARS ($4,085.00). The Court further ORDERS and approves attomeys' fees of twenty-five percent (25%) of said amounts recovered herein and approves the payment of same jointly or severally as the Carrier may elect. It is fimher ORDERED. ADIUDGED AND DECREED by the Court that upon payment of the sums provided for in this judgment. that Claimant and Claimant's attorrreys do fully and finally discharge both the Claimant's employer and Carrier from any and all liability whatsoever, upon any dmnands, claims or causes of action arising out of or based on expenses and musing care benefits alleged by Claimant and Judie Lawley including any claims under Article 8307c TEX.REV.CIV.STAT.ANN.. with the exception of future reasonable and necessary medical care and heaunmt related to the claim. Any and all other matters and things in controversy herein are herewith are settled and forever disclmged in favor of Carrier. It is further ORDERED, ADIUDGED AND DBCREED that Carrier remains liable for medical care and treatment as it relates to the Claimant's October 25, 1980 compensable injury, whether incurred in the past or future. And lastly, it is fimhu' ORDERED, ADIUDGED AND DECREED that the entire judgment as above outlined has been or will be fully paid and satisfied by Carrier within twenty (20) days fiomthe entryhereof. All costs ofcom't, mcpeatandwitness fees areto be paid by the parties incurring same. ENTERED AND SIGNED this day of . 2023. JUDGE PRESIDING APPROVED AND AGREED TO: LAWL FRIENDANDGU KENNETH R. FLOYD PLANTIFF/CLANANT LAW OFFICES OF KENNETH K. STEPHENS 4709 West Invers Lane, Suite 100 Dallas, Texas 75209 Tel: (214) 361- 5550 Fax: 871-7178 (2l4) awycrs@usa.net Kuhneth K."St State Bar No 191 ’8500 ATTORNEY FOR PLAINTIFF/CLAIMANT WILSON SAVOY THORNTON, BIECHLIN, REYNOLDS & GUERRA, DC 100 North Eastinop 410, Suite 500 San Antonio, Texas 78746 Tel: (210) 342-5555 Fax: (210) 200-603 1 Email: Dgannon@dmmtonfi1m.com Nan-Sh M-M Dana M. Gannon State Bar No. 07623800 ATTORNEY FOR DEFENDANT[CARRIER ARGONAUT SOUTHWEST INSURANCE COMPANY Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Robbie Puckett on behalf of Dana Gannon Bar No. 7623800 rpuckett@thorntonfirm.com Envelope ID: 75268537 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED JUDGMENT Status as of 5/3/2023 12:51 PM CST Associated Case Party: ARGONAUT SOUTHWEST INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status Dana Gannon dgannon@thorntonfirm.com 5/3/2023 11:55:06 AM SENT Robbie Puckett rpuckett@thorntonfirm.com 5/3/2023 11:55:06 AM SENT Kristi LMiller kmiller@thorntonfirm.com 5/3/2023 11:55:06 AM SENT Associated Case Party: KENNETHRFLOYD Name BarNumber Email TimestampSubmitted Status Kenneth Kelly Stephens 19158500 kkslawyers@usa.net 5/3/2023 11 :55:06 AM SENT