Brown et al v. Dolgencorp, LLC
OPINION. Signed by Honorable Judge Myron H. Thompson on 9/11/2013. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
DAWN and GREG BROWN,
as parents and next of
friends of A.B., a minor,
CIVIL ACTION NO.
This lawsuit came before the court for hearing on
September 6, 2013, for consideration and approval of the
full and final settlement of the claims of plaintiffs Dawn
and Greg Brown, on behalf of minor A.B., against defendant
The court's consideration and approval
settlement. A.B.’s interests are represented by the Brown
plaintiffs, as her parents and next friends. Based on the
pleadings and the representations made in open court, the
court will approve the settlement and this case will be
The factual and procedural background of this case may
be summarized as follows: On June 1, 2012, A.B. was
drinking out of a bottle sold by Dolgencorp, LLC, doing
business as Dollar General.
Her tongue became stuck in
the bottle and began to swell up.
The bottle could not be
She was taken first to an emergency room in
Enterprise, Alabama, and subsequently flown to Children’s
Hospital in Birmingham.
The bottle was then successfully
A.B. had headaches and pain in her jaw, although
her treating physician could not conclusively determine
that those symptoms were caused by the bottle incident.
Her symptoms have now largely subsided and she
is no longer being treated for any ailment in connection
with this matter.
The Brown plaintiffs filed this case on behalf of
A.B., alleging various theories of products liability
against Dolgencorp. Dolgencorp answered and then filed an
affidavit identifying a company in China as the actual
manufacturer of the bottle.
Dolgencorp claimed immunity
under Alabama’s products liability statute.
precludes products liability actions against distributors,
Thereafter, the parties informed the court
that they had reached a settlement agreement and moved for
the court’s approval.
Under the terms of the proposed settlement, A.B. will
recover $ 7,500.00 from Dolgencorp.
From this amount,
A.B. will receive $ 3,000; her attorneys will receive
$2,500, out of which amount their expenses of $ 1,016.72
will be reimbursed; and Medicaid will receive $ 2,000 in
settlement of its subrogation lien.
The court has reviewed the pleadings in this case and
is familiar with the background of this lawsuit.
court heard a detailed oral explanation of the positions
of all the parties in open court.
The court received
testimony and evidence related to liability, the injuries
sustained by A.B., and the cost of A.B.’s medical care.
liability under Alabama law.
plaintiffs, both of whom stated that they believe the
settlement is in A.B.'s best interests.
that A.B.’s portion of the settlement would be placed in
an interest-bearing account to fund her education and
stated that they understood the money could be used only
for A.B.’s benefit.
The court is satisfied that the terms and provisions
of this settlement are understood and agreed to by all
Based on the record and testimony, as set forth
above, the court finds that all the terms and provisions
of the proposed settlement are in the best interests of
minor child A.B. and are fair, just, and reasonable under
the circumstances of this case.
Therefore, the court will
approve the proposed settlement agreement and dismiss this
An appropriate judgment will be entered.
DONE, this the 11th day of September, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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