Brown et al v. Dolgencorp, LLC

Filing 31

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that judgment is entered as follows: (1) Because the proposed settlement by and between plaintiffs Dawn and Greg Brown, as parents and next best friends of A.B., a minor, and defendant Dolg encorp, LLC, a corporation is within the economic best interest of said minor child, considering all aspects of the claim,including questions regarding the liability of defendant Dolgencorp, LLC, a corporation, the court approves the settlement as be ing within the economic best interest of A.B. as further set out in the judgment. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/11/2013. (Attachments: # 1 Civil Appeals Checklist) Copies furnished to calendar group, AG. (dmn, ) (Deadlines terminated: Final Pretrial Conference set for 10/11/2013 and Jury Trial set for 11/4/2013.) Modified on 9/11/2013 to include deadline terminated text. (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.

)
)
)
)
)
)
)
)
)
)
)
)

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

JUDGMENT
In accordance with the memorandum opinion entered this
date, it is the ORDER, JUDGMENT, AND DECREE of the court
that judgment is entered as follows:
(1) Because the proposed settlement by and between
plaintiffs Dawn and Greg Brown, as parents and next best
friends of A.B., a minor, and defendant Dolgencorp, LLC,
a corporation is within the economic best interest of said
minor

child,

considering

all

aspects

of

the

claim,

including questions regarding the liability of defendant
Dolgencorp, LLC, a corporation, the court approves the

settlement as being within the economic best interest of
A.B.
(2) All claims of the Brown plaintiffs, as parents and
next best friends of A.B., a minor, are dismissed with
prejudice with the parties to bear their own cost of
court.

Upon payment of the sums at issue, all claims of

the Brown plaintiffs, as parents and next best friends of
A.B.,

a

minor,

against

defendant

Dolgencorp,

LLC,

a

corporation and its respective agents, representatives,
employees,

distributors,

divisions,

subsidiaries,

insurers, successors and assigns are forever dismissed,
released, and discharged as relates in any way to claims
arising

directly,

indirectly

or

in

any

way

from

the

incident of June 1, 2012, in Coffee County, Alabama,
involving the minor A.B.'s tongue becoming stuck in a
water bottle, that was distributed and sold by defendant
Dolgencorp, LLC, a corporation, as is more particularly
described in the complaint on file in this action.

2

(3) The Brown plaintiffs, as parents and next best
friends of A.B., a minor, and their attorneys are to
satisfy any valid and outstanding liens or subrogation
interests,

which

are

settlement

amount.

or

The

may

be

Alabama

applicable
Medicaid

to

this

Agency

has

asserted a subrogation claim in this case and counsel for
the Brown plaintiffs, as parents and next best friends of
A.B.,

a

minor,

subrogation

has

claim

negotiated
in

the

a

settlement

amount

of

$

of

this

2,000.00.

Accordingly, any subrogation claim asserted by The Alabama
Medicaid Agency is fully and completely satisfied by
payment from the Brown plaintiffs, as parents and next
best friends of A.B., a minor, in the amount of $ 2,000.00
and

any

future

claims

for

reimbursement

are

forever

dismissed, released, and discharged by payment of this
sum.
(4) The

court

further

approves

reimbursement

of

litigation expenses, incurred by counsel for the Brown
plaintiffs, as parents and next best friends of A.B., a

3

minor, to be taken from the settlement amount in the
amount of $ 1,016.72.

The court further approves an

attorney fee to be taken from the settlement amount on
behalf of The Law Offices of Thomas P. Willingham, P.C. in
the amount of $ 1,483.28. The court finds that these
amounts are fair and reasonable under the circumstances of
this case.
(5) The

court

further

approves

that

the

sum

of

$ 3,000.00 is to be paid to the Brown plaintiffs, as
parents and next best friends of A.B., a minor, for the
benefit

of

the

minor,

pursuant

to

1975

Ala.

Code

§ 26-2A-6.
(6) The court further orders that within 30 days of
the entry of this judgment, defendant Dolgencorp, LLC, a
corporation is to pay to the Brown plaintiffs’ counsel’s
trust account, Law Offices of Thomas P. Willingham, P.C.
Client Trust Account, the amount of $ 7,500.00. The Brown
plaintiffs' counsel is then directed and authorized to
issue dispersals as follows:

4

(A) $ 2,500.00 Check payable to The Law Offices of
Thomas P. Willingham, P.C. for reimbursement of expenses
occurred in representation of the Brown plaintiffs, as
parents and next best friends of A.B., a minor, and as
attorney fee in this matter.
(B) $ 2,000.00 Check payable to The Alabama Medicaid
Agency in satisfaction of its claim.
(C) $ 3,000.00 Check payable to the Brown plaintiffs,
as parents and next best friends of A.B., a minor.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 11th day of September, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE