JBS Carriers, Inc. v. EJA Trucking, Inc. et al

Filing 195

DISTRIBUTION ORDER. Signed by Judge David R. Herndon on 12/2/16. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDIN KARAHODZIC and
EDIN KARAHODZIC, as
Personal representative of the
Estate of HASIB KARAHODZIC,
Plaintiffs,
vs.
JBS CARRIERS INC. and ORENTIO
THOMPSON,

Case No. 12-cv-1040-DRH

Defendants.
DISTRIBUTION ORDER
HERNDON, District Judge:
This matter comes before the Court following the November 30, 2016
hearing for distribution of the wrongful death judgment entered in this case on
October 18, 2016. Pursuant to the Illinois Wrongful Death Act 740 ILCS 180/2,
the Court finds that the next-of-kin of the deceased Hasib Karahodzic to be his
surviving spouse, Esma Karahodzic, and his three children, Edin Karahodzic,
Selvedin Karahodzic, and Edina Karahodzic. Pursuant to the evidence taken at
the trial of this matter of which the Court takes judicial notice as well as the
testimony offered during the November 30, 2016 hearing and signed agreements
of the aforementioned family members (Exhibit 1&2), and in consultation with
counsel, the Court determines that a division of the Wrongful Death Judgment is
appropriate as follows:
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1. The Law Offices of Frank Niesen, Jr., is ordered to receive thirty-three and
one-third (33 1/3%) of the judgment for attorney’s fees ($916,666.67
exclusive of any interest accrued) pursuant to the contract with the
aforementioned family members.
2. The Law Offices of Frank Niesen, Jr., is ordered to receive $136,165.20,
exclusive of costs of appeal, which is 81.5% of the total expenses for this
litigation as to the wrongful death judgment, as agreed upon by the family
members (Exhibit 2).
3. Esma Karahodzic, Hasib’s widow, pursuant to the testimony of the family
offered at the hearing and their agreement (Exhibit 1), is ordered to receive
35% ($594,008.85, exclusive of any interest accrued) of the total remaining
wrongful death judgment after attorney’s fees and expenses are deducted.
4. Edina Karahodzic, Hasib’s youngest child, pursuant to the testimony of the
family offered at the hearing and their agreement (Exhibit 1), is ordered to
receive 25% ($424,492.03, exclusive of any interest accrued) of the total
remaining wrongful death judgment after attorney’s fees and expenses are
deducted.
5. Selvedin Karahodzic, Hasib’s middle child, pursuant to the testimony of the
family offered at the hearing and their agreement (Exhibit 1), is ordered to
receive 20% ($339,433.63, exclusive of any interest accrued) of the total
remaining wrongful death judgment after attorney’s fees and expenses are
deducted.

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6. Edin Karahodzic, Hasib’s oldest child, pursuant to the testimony of the
family offered at the hearing and their agreement (Exhibit 1), is ordered to
receive 20% ($339,433.63, exclusive of any interest accrued) of the total
remaining wrongful death judgment after attorney’s fees and expenses are
deducted.
The Court further finds that the above distribution represents a fair and
equitable distribution of the Wrongful Death Judgment in this case, and is based
on each family member’s percentage of dependence on the decedent pursuant the
Illinois Wrongful Death Act 740 ILCS 180/2.
IT IS SO ORDERED.
Signed this 2nd day of December, 2016

Judge Herndon
2016.12.02
10:57:32 -06'00'
United States District Judge

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