Farnsworth v. Cox et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 68 Report and Recommendations of Magistrate Judge K. Gary Sebelius. The settlement reached in this case by the parties is hereby approved. The settlement proceeds are hereby awarded as follows: Bituminous Casualty Corporation-$10,000; K.H.H.-$38,000; E.V.S.-$1,500; and T.C.P.-$500. This action is dismissed with prejudice. Signed by District Judge Richard D. Rogers on 10/10/2013. (ms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BRONSON R. HATCH and CRISTA L.
HATCH, as the Natural Guardians
and Next Friends of the minor
K.H.H., the Heir-at-Law of
Richard V. Farnsworth,
Plaintiffs,
v.
MICHAEL B. COX, et al.,
Defendants.

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Case No. 11-1263-RDR

O R D E R
This matter is presently before the court upon the Report and
Recommendation of Magistrate Judge K. Gary Sebelius.

The Report and

Recommendation addresses the proposed settlement of this action.

Having

carefully reviewed the Report and Recommendation, the court is now prepared
to rule.
This is a wrongful death action based on diversity jurisdiction.

The

case arises from a motor vehicle accident that occurred in Hamilton County,
Kansas.

In that accident, Richard V. Farnsworth was killed when his

vehicle was struck by a vehicle driven by defendant Michael B. Cox and owned
by defendant Wade Hill doing business as M&W Trucking.
is the biological daughter of Mr. Farnsworth.

The minor K.H.H.

Plaintiffs Bronson R. Hatch

and Crista L. Hatch, who are prosecuting this action on K.H.H.=s behalf,
adopted K.H.H. after her father=s death.

The defendants have agreed to pay

$50,000 to settle this case, with $10,000 of the proceeds going to
intervenor Bituminous Casualty Corporation, the workers compensation
liability carrier for intervenor The Hub of Syracuse, the company that

employed Mr. Farnsworth and for which he was in the course and scope of
his employment at the time of the accident.

As part of the settlement,

Bituminous Casualty Corporation will not seek from K.H.H. any subrogation
other than the $10,000 received as part of the settlement.

Plaintiffs=

counsel has waived his claim to costs and attorney fees.
After notifying all potential parties to the settlement, Judge
Sebelius conducted a hearing to apportion the settlement proceeds
of $40,000 among the heirs-at-law of Mr. Farnsworth.

Mr. Farnsworth

has four biological children: Seth Farnsworth, T.C.P., E.V.S, and
K.H.H.

Judge Sebelius considered the relevant circumstances and

determined

that

K.H.H.-$38,000;

the

following

awards

should

be

made:

E.V.S.B$1,500; and T.C.P.B$500.

The parties and heirs of Mr. Farnsworth have not

filed

objections to the Report and Recommendation, and the time for doing
so has passed.

See 28 U.S.C. ' 636(b)(1).

AIn the absence of timely

objection, the district court may review a magistrate. . .[judge=s]
report under any standard it deems appropriate.@

Summers v. Utah,

927 F.2d 1165, 1167 (10th Cir. 1991)(citing Thomas v. Arn, 474 U.S.
140, 150 (1985)(stating that A[i]t does not appear that Congress
intended to require district court review of a magistrate=s factual
or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.@)).
reviewed

the

relevant

pleadings
2

concerning

The
the

court

has

Report

and

Recommendation. Based upon that review, the court finds that Judge
Sebelius= Report and Recommendation should be adopted in its entirety.
The court notes that Judge Sebelius conducted a thorough hearing of
the matter and analyzed the circumstances in a just and sensible
manner.

The settlement in this case is fair and reasonable under

the circumstances.

Accordingly, the court hereby adopts Judge

Sebelius= Report and Recommendation.

The court finds that the

settlement proceeds shall be awarded as follows: Bituminous Casualty
CorporationB$10,000;K.H.H.-$38,000;E.V.S.B$1,500;and T.C.P.B$500.
IT IS THEREFORE ORDERED that the Report and Recommendation of
Magistrate Judge K. Gary Sebelius (Doc. # 68) is hereby adopted.
IT IS FURTHER ORDERED that the settlement reached in this case
by the parties is hereby approved.

The settlement proceeds are

hereby awarded as follows: Bituminous Casualty CorporationB$10,000;
K.H.H.-$38,000;

E.V.S.B$1,500; and T.C.P.B$500.

IT IS FURTHER ORDERED that this action be hereby dismissed with
prejudice.
IT IS SO ORDERED.
Dated this 10th day of October, 2013, at Topeka, Kansas.
s/Richard D. Rogers
United States District Judge

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