• Jenks schools pays claim to settle lawsuit, 6/30/2005, Tulsa World
• Oklahoma Court of Civil Appeals, Friday, June 27, 2008, The Oklahoma Bar Journal
• Oklahoma Court of Civil Appeals, Orders Denying Rehearing (Division No.1), Friday, July 25, 2008, The Oklahoma Bar Journal
• Oklahoma Supreme Court Case No. SD-105,746, Appeal from Tulsa County Case No. CJ-2007-2729
• Oklahoma Supreme Court, Defendants'/Appellant's Petition for Certiorari
• As of October 22, 2008
• As of December 1, 2008
• April 2009: Jenks Public Schools Special Education Department to Be Audited by the U.S. Department of Education Office for Civil Rights
Jenks schools pays claim to settle lawsuit, 6/30/2005
Tulsa World
JENKS -- Jenks Public Schools recently agreed to pay $50,000 to settle claims made by the parents of a Jenks High School student that chemicals and residue used in building renovations caused her to suffer respiratory problems.
In a lawsuit filed on June 6 on behalf of their daughter, Ashley Voss, who has Down syndrome, Harold M. and Kimberly Voss claim that Ashley sustained personal injuries from April 2004 renovations to the high school building.
The plaintiff's attorney, Derek Ingle, said Ashley's parents agreed to a friendly lawsuit, which is necessary for the court to accept the settlement in the case of a person who is considered incapacitated.
"We feel the offer of $50,000 was a reasonable settlement for this time," Ingle said on Wednesday.
Bo Rainey, an attorney who worked on the settlement agreement for Jenks, said that the negotiations were made through the district's insurance company, which is National American Insurance Co. Inc. based in Chandler. "The insurance carrier negotiated the settlement and made the payment," Rainey said.
According to court records, the settlement states that it would "fully compromise and conclude any claims" that Ashley or her parents might have against the district, even if her purported physical condition changes or worsens or new injuries develop or are discovered after the settlement.
Both parties agreed to pay their own attorneys' fees and court costs.
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Oklahoma Court of Civil Appeals, Friday, June 27, 2008
The Oklahoma Bar Journal
Harold and Kimberly Voss, individually and as parents and next friends for Ashley Voss, Plaintiff/Appellees, vs. Jenks Public Schools a/k/a Ind. School District No. 5 of Tulsa County, Defendant/Appellant, and State of Oklahoma, State Department of Education, Defendants. Appeal from the District Court of Tulsa County, Oklahoma. Honorable P. Thomas Thornbrugh, Trial Judge. Appellant (School) appeals from the order granting summary judgment to Appellees, (Parents). The court found Parents' claim that School violated the terms of their daughter's (Child) Individualized Education Plan (IEP), was not precluded by an earlier settlement agreement between the parties. Child was a special needs student. Parents alleged School had negligently allowed Child to be exposed to dangerous particulants and pollutants during a renovation project, causing her injury. The parties settled; Parents executed a Release; and the settlement was approved by the court. Parents later filed an administrative complaint with the Department of Education alleging School violated several Federal Acts by failing to comply with the terms of Child's IEP. Department, in a letter dated October 18, 2005, apprised Parents it had been advised by School's counsel that because of the Release, "[a]ny claims asserted against the Jenks School District arising before June 3, 2005 have been released by the Parents." Parents asked the court to find the Release did not release School "from liability regarding...claims for special services." School contends the court erred by finding the language of the Release was ambigious, finding the Release should be construed against it, and modifying the scope of the Release. It is clear the events that gave rise to the Release relate only to Child's exposure to pollutants. If School was contemplating Parents' waiver of any and all claims from controversies other than "the incident in April 2004," it was incumbent on School, as the drafter of the Release, to ensure there were no ambiguities in the document. They failed to do so. The trial court's judgment granting summary judgment to Parents is AFFIRMED. Opinion by Hansen, J; Adams, P.J., and Joplin, J., concur.
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Oklahoma Court of Civil Appeals, Orders Denying Rehearing (Division No. 1), Friday, July 25, 2008
The Oklahoma Bar Journal
Harold and Kimberly Voss, individually and as parents and next friends for Ashley Voss, Plaintiff/Appellees, v. Jenks Public Schools a/k/a Ind. School District No. 5 of Tulsa County, Defendant/Appellant, and, State of Oklahoma, Department of Education, Defendants. Defendant/Appellant's Petition for Rehearing filed July 16, 2008 is DENIED.
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Oklahoma Supreme Court Case No. 105,746, Appeal from Tulsa County Case No. CJ-2007-2729
DENIED
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Oklahoma Supreme Court, Defendants'/Appellant's Petition for Certiorari
DENIED
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As of October 22, 2008
We have prevailed in every court and continue to await the investigation of our complaint filed in October 2005 by the Oklahoma State Department of Education regarding violations of applicable state and federal laws.
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As of December 1, 2008
Apparently the attorneys for Jenks Public Schools have decided not to appeal to the U.S. Supreme Court. After 3 years and 57 days, the Oklahoma State Department of Education is finally investigating our complaint. "Justice delayed is justice denied?" Stay tuned.
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April 2009: Jenks Public Schools Special Education Department to Be Audited by the U.S. Department of Education Office for Civil Rights
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