9 results for 'cat:"Settlements" AND cat:"Wrongful Death"'.
J. Smith finds the lower court properly denied an estate administrator’s motion seeking judgment, costs, and interest against a nursing home and ambulance company in an associated wrongful death matter. The estate administrator argues that more than 30 days had passed since the settlement was approved, but the nursing home and ambulance company had yet to pay. The lower court found it necessary for the probate court to get involved and secure the distribution of the settlement so it could be accounted for, but the estate administrator argues that the probate requirement is a statutory misinterpretation by the lower court. The instant court finds the lower court’s interpretation to be correct, that the probate court’s involvement is necessary. Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: April 8, 2024, Case #: 230996, Categories: settlements, Wills / Probate, wrongful Death
J. Cook finds that the lower court partly erred in ruling on a wrongful death claim settlement. As it was unclear who the appropriate attorney for the deceased is, and which one had the authority to issue a settlement, the case is remanded to hold an evidentiary hearing on who is the correct attorney. Reversed in part.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 1, 2023, Case #: SC-2023-0216, Categories: settlements, Vehicle, wrongful Death
J. Wolfe finds that the trial court properly awarded the individual $400,000 for survival and wrongful death claims after the choking death of her mother in a nursing home when she was given a sandwich despite being on a diet of pureed food. The Patient's Compensation Fund did not affirmatively plead its gross negligence defense, and the jury was properly instructed as to the "compliance and reporting requirements for nursing homes." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 5, 2023, Case #: 2022CA1288, Categories: settlements, wrongful Death, Medical Malpractice
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J. Wu grants the settlement awarding the three children a total of $150,000 for their claim that the Los Angeles Metropolitan Detention Center's employees did not provide adequate medical care for their mother's severe left-sided chest pain or anxiety for two and a half weeks, leading to her suicide by hanging. The proposed settlement is fair and reasonable because it takes the mental pain and suffering the children endured following the suicide of their parent into account.
Court: USDC Central District of California, Judge: Wu, Filed On: August 4, 2023, Case #: 2:21cv8071, NOS: Other Civil Rights - Civil Rights, Categories: settlements, Negligence, wrongful Death
J. Hurst finds a lower court improperly denied a father's request for settlement funds from a wrongful death action filed by his deceased son's mother. The mother argued that the father should be banned from settlement proceedings based on allegations that he played a role in their son's suicide, which he carried out with the father's firearm. However, the father may be entitled to participate in the apportionment of funds because he has not been deemed liable of his son's death. Vacated.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: July 28, 2023, Case #: 125,787, Categories: settlements, wrongful Death, Firearms