Larousse et al v. Hammond et al

Filing 50

APPROVAL ORDER AND FINAL ORDER re: 38 Notice of Settlement, 43 Request for Pro Ami Hearing. Hearing was held on 7/23/18. Joint Petition for Approval of Pro Ami Settlement is made a part of the findings of this Court as set out. Joel Paul Larous e & Brenda Larousse are authorized & order to execute receipt & release agreements as set out. Court finds that Dfts have denied liability as set out. Court orders delivery of checks as set out, & disbursements are to made as set out. Plf is responsible for satisfaction & payment of any & all medical bills &/or subrogation claims or liens as set out. Dfts shall pay the Guardian Ad Litem fee of $575.00 as set out. Signed by Senior Judge Callie V. S. Granade on 7/26/18. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE
SOUTHERN DISTRICT OF ALABAMA
JOEL PAUL LAROUSSE, et al.,
Plaintiffs,
v.
EDWARD LEE HAMMOND, JR., et al.;
Defendants.

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CASE NO.: 18-80-CG-N

APPROVAL AND FINAL ORDER
This matter came before the Court on the parties’ notice of settlement (Doc.
38) and the parties’ request for a Pro Ami hearing (Doc. 43). A hearing was held on
July 23, 2018, in which all parties were represented by counsel and attorney
Richard E. Shields, having been appointed as Guardian ad Litem, appeared on
behalf of the minors, Joseph Drue Larousse, and Layton Seth Fausak. Based on the
evidence and argument presented at the Pro Ami hearings, including the Guardian
Ad Litem’s conclusion that the settlements were in the best interest of the minors,
as well as the Court’s review of the submissions made to the Court at the hearing,
which included a copy of the settlement agreement for each minor plaintiff, the
Court is convinced that the amount of the settlement and the settlement terms are
fair, reasonable and just, and that the settlement is in the best interest of the
minors. The Court also finds that the fees requested by the attorneys are
reasonable under the factors set forth in Peebles v. Miley, 439 So.2d 137 (Ala. 1983)
and other authority, and that they have been duly earned by counsel. Lastly, the
Court finds that the requested Guardian Ad Litem fees are reasonable.
Accordingly, it is hereby ordered as follows:

1.

The Joint Petition for Approval of Pro Ami Settlement is hereby made

a part of the findings by this Court and approved as being conservative of and in
the best interests of the minors, Joseph Drue Larousse, and Layton Seth Fausak.
2.

Joel Paul Larousse, as Father and Next Friend of Joseph Drue

Larousse, a Minor, be and is hereby authorized and ordered to execute receipt and
release agreements in the form and substance approved by counsel of record for the
parties and as contemplated in the parties Joint Petition for Approval of Pro Ami
Settlement, and such indemnifying release when executed shall be valid and
binding on all parties according to its terms.
3.

Brenda Larousse, as Mother and Next Friend of Layton Seth Fausak,

a Minor, be and is hereby authorized and ordered to execute receipt and release
agreements in the form and substance approved by counsel of record for the parties
and as contemplated in the parties Joint Petition for Approval of Pro Ami
Settlement, and such indemnifying release when executed shall be valid and
binding on all parties according to its terms.
4.

The Court finds that the Defendants have denied liability. It is the

finding of the Court that there are serious legal issues, factual issues, and
conflicting testimony concerning liability as to create substantial and real issues as
to whether the Defendants would be found liable to the Plaintiffs for the matters
and things charged against the Defendants in the pleadings. It is therefore the
finding of the Court that the Defendants have expressly denied liability and,
further, that nothing contained in this Order will operate as an admission,
acceptance, adjudication, or judgment of liability upon the Defendants, their agents

or representatives.
5.

The Court hereby orders State Farm Insurance Company to deliver a

check in the amount of $10,000.00, and Western World Insurance Company to
deliver a check in the amount of $2,000.00 on behalf of the minor Joseph Drue
Larousse, made payable to the Greene & Phillips and Joel Paul Larousse as Next
Friend of Joseph Drue Larousse and Greene & Phillips is hereby ordered to make
the following disbursements on behalf of Joseph Drue Larousse:
a.

b.

Hall Therapy Services is to be paid $130.00 for
services/treatment rendered to the minor, Joseph Drue
Larousse.

c.

Providence Hospital is to be paid $60.00 for services/treatment
rendered to the minor, Joseph Drue Larousse.

d.

Blue Cross and Blue Shield of Alabama is to be paid $1,216.12
for services/treatment rendered to the minor, Joseph Drue
Larousse.

e.

6.

Greene & Phillips, LLC, is to be paid $4,000.00 for attorney's
fees, as well as $228.25 for expenses rendered on behalf of the
minor.

The Court hereby orders the remaining $6,365.63 to be paid to
Joel Paul Larousse to hold as custodian for minor Joseph Drue
Larousse until said minor reaches the age of majority pursuant
to the provisions of the Alabama Uniform Transfer to Minors
Act, §35-5A-1, et seq.

The Court hereby orders State Farm Insurance Company to deliver a

check in the amount of $2,500.00, and Western World Insurance Company to
deliver a check in the amount of $1,000.00 on behalf of the minor Layton Seth
Fausak, made payable to the Greene & Phillips and Brenda Larousse as Next
Friend of Layton Seth Fausak and Greene & Phillips is hereby ordered to make the

following disbursements on behalf of Layton Seth Fausak:
a.

b.

Providence Hospital is to be paid $60.00 for services/treatment
rendered to the minor, Layton Seth Fausak.

c.

Blue Cross and Blue Shield of Alabama is to be paid $83.65 for
services/treatment rendered to the minor, Layton Seth Fausak.

d.

7.

Greene & Phillips, LLC, is to be paid $1,100.00 for attorney's
fees, as well as $95.00 for expenses rendered on behalf of the
minor, Layton Seth Fausak.

The Court hereby orders the remaining $2,161.35 to be paid to
Brenda Larousse to hold as custodian for minor Layton Seth
Fausak until said minor reaches the age of majority pursuant to
the provisions of the Alabama Uniform Transfer to Minors Act,
§35-5A-1, et seq.

Plaintiffs will be responsible to see to the satisfaction of payment of

any and all medical bills incurred and/or subrogation claims or liens for medical
bills incurred as a result of this incident out of the said proceeds from the judgment
awarded.
8.

Defendants shall pay the Guardian ad Litem fee of $575.00, to Richard

E. Shields, Esq., for which, together with the Order entered herein, execution may
issue.
DONE and ORDERED this 26th day of July, 2018.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE