H.L. v. C.C. et al
OPINION AND ORDER that plaintiff H.L.'s "response" 34 is treated as a request for release of funds and said request is granted. The law firm of Beasley Allen shall release the sum of $ 15,000 to Heather Ware, the mother of plaintiff H.L., for the purchase of one of the vehicles listed in plaintiff H.L.'s request. Signed by Honorable Judge Myron H. Thompson on 3/25/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
H. L., a minor who sues
by and through Heather
Ware her mother and next
SHIELD INSURANCE COMPANY,
CIVIL ACTION NO.
OPINION AND ORDER
This case is before the court on plaintiff H.L.’s
“response,” which the court is treating as a request for
release of certain funds from a trust account established
pursuant to this court’s judgment approving the parties’
This case arose out of a car accident between H.L., a
minor, and C.C., who is also a minor.
On February 26,
2013, this court entered a judgment approving a settlement
between the parties in this case.
The court approved a
sum of $ 90,000 in settlement of all claims brought by
plaintiff H.L., with $ 50,000 paid by U.S.A.A., on behalf
Preferred Insurance Company, as successor to defendant
Shield Insurance Company.
It was further provided that
these sums would be paid to the law firm Beasley Allen.
The firm would then distribute $ 10,006.52 to Blue Cross
Blue Shield for injuries sustained; $ 2,500 to H.L.’s
mother, Heather Ware, for her out-of-pocket expenses; and
$ 1,453.20 and $ 29,486.08 to Beasley Allen for expenses
$ 46,554.20 was to be maintained in a trust account with
Beasley Allen for H.L. until she reaches the age of
H.L. ex rel. Ware v. Shield Ins. Co., 2013
WL 764628 (M.D. Ala. 2013).
Heather Ware, requested that a portion of the funds in the
trust account be released before H.L. reaches the age of
majority so that she could purchase a car.
currently share a car.
H.L. and Ware
This arrangement has already been
attending college far from her mother’s place of work.
the settlement hearing, the court-appointed guardian ad
litem opposed the release of funds because H.L. and Ware
had not specified an amount to be released or a specific
car that would be purchased for H.L.
The court therefore
retained jurisdiction over this case for 60 days, within
which time H.L. could submit a specific proposal to the
court of an amount to be released in order to purchase or
make a down payment on a car. Id.
requesting the sum of $ 15,000 from the trust account at
Beasley Allen to purchase one out of a list of six
The guardian ad litem filed a written
opposition explaining that $ 15,000 represents a large
portion–-nearly a third-–of the balance of the settlement
in the trust account held at Beasley Allen for H.L.
The court held a hearing on this matter on March 21,
hearing, the court will grant H.L.’s request to release
the $ 15,000 for the car purchase.
At the hearing, the guardian ad litem expressed her
concerns about releasing the $ 15,000.
The court then
discussed alternative arrangements with H.L. and Ware,
released to serve as a down payment on a car.
H.L. and Ware explained that this is not a tenable option.
Ware and H.L. are both unlikely to be approved for a loan
because of Ware’s financial situation and H.L.’s age.
The court gave the greatest weight to the fact that
H.L. is currently 18 years old and will reach the age of
majority in a matter of months.
Therefore, H.L. is only
a few months shy of having the maturity required by law to
Further, Ware, who is H.L.’s mother and solely responsible
for H.L.’s well-being, agrees that $ 15,000 of the funds
in the trust account should be used in this manner.
“response” (Doc. No. 34) is treated as a request for
release of funds and said request is granted.
firm of Beasley Allen shall release the sum of $ 15,000 to
purchase of one of the vehicles listed in plaintiff H.L.’s
DONE, this the 25th day of March, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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