Brown et al v. Dolgencorp, LLC

Filing 30

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,
Plaintiffs,
v.
DOLGENCORP, LLC,
a corporation,
Defendant.

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CIVIL ACTION NO.
1:12cv735-MHT
(WO)

OPINION
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
Dolgencorp, LLC.
is

necessary

The court's consideration and approval

because

a

minor

child

will

receive

the

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
dismissed.
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.
removed.

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.
removed.

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.
All

of

A.B.’s

Medicaid.

resulting

medical

costs

were

paid

by

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

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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.
recent

substantial

revision,

that

statute

After a
generally

precludes products liability actions against distributors,
with

some

§ 6-5-521.

limited

exceptions.

See

1975

Ala.

Code

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.

The

court heard a detailed oral explanation of the positions

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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.
The

court

concludes

that

Dolgencorp

likely

has

no

liability under Alabama law.
The

court

also

heard

testimony

from

the

Brown

plaintiffs, both of whom stated that they believe the
settlement is in A.B.'s best interests.

Both indicated

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
parties.

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.

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Therefore, the court will

approve the proposed settlement agreement and dismiss this
case.
An appropriate judgment will be entered.
DONE, this the 11th day of September, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE