Klein, et al v. Tatum, et al

Filing 200

ORDER of Dismissal. This court must give full faith and credit to orders of the Circuit Court of Cook County. In this court Klein has not shown and cannot show that he has authority to represent the interests of Cristina or the Estate of Claudia Zvunca in litigation arising out of the bus accident. ORDERED that this civil action is dismissed by Judge Richard P. Matsch on 06/30/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 02-cv-01827-RPM-GJR
TIBERIU KLEIN, individually and as
Executor of the Estate of CLAUDIA ZVUNCA,
Plaintiff,
v.
WESLEY JAY TATUM and
GREYHOUND LINES, INC.,
Defendants.

ORDER OF DISMISSAL

This action is one of two actions pending in this court arising out of the death of Claudia
Zvunca. On January 15, 2002, Claudia and her daughter Cristina Zvunca were traveling by bus
from Las Vegas, Nevada to Chicago, Illinois, on a bus operated by Greyhound Lines, Inc.
(“Greyhound”) and driven by Wesley Jay Tatum (“Tatum”). During a stop at the Greyhound
station in Grand Junction, Colorado, Claudia and Cristina got off the bus. Claudia was struck
and killed by the moving bus as she attempted to reboard. Cristina, who was then 8 years old,
witnessed the accident.
Claudia was married to Tiberiu Klein, a native of Romania who resides in Illinois.
Cristina, a citizen of Romania, is Klein’s stepdaughter.
In 2002, Klein, “individually and as Executor of the Estate of Claudia Zvunca,” filed suit
against Greyhound and Tatum, in the Circuit Court for Cook County, Illinois, seeking recovery

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under the Illinois Wrongful Death Act, 740 ILCS 180. That action was removed and transferred
to this court. It does not include any claim for damages on behalf of Cristina, individually.
By order dated April 15, 2005, this court determined that an action then pending in Cook
County, Illinois should take precedence over the Colorado action because the Illinois state court
action also included claims against the bus manufacturer, Motorcoach Industries.
On July 19, 2010, Civil Action No. 10-cv-1701 was filed in this court by “Cristina
Zvunca, a Romanian citizen, by and through her legal guardian Tiberiu Klein,” alleging claims
of negligence against Tatum and Greyhound. Klein characterizes it as an action brought solely
on behalf of Cristina Zvunca for her own personal injuries. (Pl.’s resp. to order to show cause,
dkt. 198.) Paragraph 1 of the complaint in Civil Action No. 10-cv-1701 states:
Tiberiu Klein is the duly appointed Legal Guardian of Cristina Zvunca. Mr. Klein
was appointed Legal Guardian on July 18, 2008 when Ms. Zvunca was 14 years
old. Letters of Guardianship are attached hereto.
No “Letters of Guardianship” are attached to the complaint in Civil Action No. 10-cv-1701. The
claims alleged against Tatum in Civil Action No. 10-cv-1701 were dismissed without prejudice
after Klein failed to effect service on Tatum.
On October 14, 2010, Greyhound moved to dismiss Civil Action No. 10-cv-1701,
providing copies of pleadings and orders and evidence of a settlement agreement in an action
entitled Estate of Cristina Zvunca, a minor, by her Guardian Ad Litem, David J. Gubbins and
MB Financial Bank, Administrator of the Estate of Claudia Zvunca, deceased v. Motor Coach
Industries, Inc., Motor Coach Industries International, Inc., Greyhound Lines, Inc. and Wesley
Jay Tatum, Civil Action No. 07 L 3391, in the Circuit Court of Cook County, Illinois, Law
Division (“Cook County Civil Action No. 07 L 3391”). The claims alleged in Cook County

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Civil Action No. 07 L 3391 included wrongful death and survival claims of the Estate of Claudia
Zvunca and Cristina’s individual claim of emotional distress. (Def.’s Exs. G & H.) A
Stipulation for Release and Settlement Agreement between those plaintiffs and Greyhound was
negotiated in June 2010 and signed in September 2010. (Def.’s Exs. A, B, & E.) Although the
plaintiffs’ claims against Tatum in Cook County Civil Action No. 07 L 3391 had been dismissed
for lack of personal jurisdiction (Def.’s Ex. D), the Settlement Agreement addressed the
plaintiffs’ claims against him. Greyhound agreed to pay on behalf of itself and on behalf of
Tatum “cash sums and future periodic payments, ... having a total present value sum of
$2,000,000,” including, the amount of $1,001,965 for the purchase an annuity policy for the
benefit of Cristina. (Def.’s Ex. E at pp. 2-3.) The Settlement Agreement provides for the release
of all claims of the Estate of Claudia Zvunca and Cristina Zvunca against Wesley Jay Tatum and
Greyhound Lines, Inc. (Id. at pp. 5-6.) The Settlement Agreement was signed by Greyhound,
by Wesley J. Tatum, and by “The Honorable William J. Haddad on behalf of Cristina Zvunca, a
minor, and the Estate of Claudia Zvunca.” (Def.’s Ex. E at pp. 2-3.) In cases involving minors,
Illinois law provides a trial court with authority to evaluate a settlement proposal and accept the
settlement and execute all pertinent documents. See Will v. Northwestern Univ., 378 Ill.App.3d
280, 881 N.E.2d 481 (1st Dist. 2007); Ott v. Little Company of May Hospital, 273 Ill. App. 3d
563, 652 N.E.2d 1051 (1st Dist. 1995).
By order entered September 24, 2010 (nunc pro tunc), the Cook County Circuit Court
dismissed Cook County Civil Action No. 07 L 3391 with prejudice. (Def.’s Ex. B.) Greyhound
states that Klein has appealed that order of dismissal, and Greyhound’s petition for Probate

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Court approval of the Settlement Agreement has been entered and continued, pending resolution
of Klein’s appeal.
Court orders provided by Greyhound show that in Cook County Civil Action No. 07 L
3391, the Cook County Circuit Court found that a conflict of interest exists between Klein and
Cristina with respect to the litigation because they have competing claims to Claudia’s Estate.
(Def.’s Ex. H at 2-4.) A guardian ad litem was appointed to represent Cristina’s interest in the
litigation and Claudia’s Estate was represented by an administrator, according to Illinois law.
The Cook County Circuit Court prohibited Klein and his attorneys from representing Cristina in
any capacity with respect to the matters pending in Cook County Civil Action No. 07 L 3391.
(Def.’s Ex. H at 8.)
This court must give full faith and credit to orders of the Circuit Court of Cook County.
In this court Klein has not shown and cannot show that he has authority to represent the interests
of Cristina or the Estate of Claudia Zvunca in litigation arising out of the bus accident.
Based on the foregoing, it is
ORDERED that this civil action is dismissed.
Date: June 30, 2011
BY THE COURT:
s/Richard P. Matsch

Richard P. Matsch, Senior District Judge

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