Askew et al v. United States
Filing
80
AMENDED OPINION MEMORANDUM AND ORDER - This Joint Proposed Amended Opinion and Order corrects a mathematical error and supersedes this Courts Order dated May 27, 2016. (See order for full details.) Signed by District Judge Henry Edward Autrey on 6/3/16. (KJS)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIRK ASKEW and BEULAH
ASKEW,
)
)
)
Plaintiffs,
)
)
vs.
)
)
THE UNITED STATES OF AMERICA, )
et al.
)
)
Defendants.
)
Case No. 4:12CV00152 HEA
JOINT PROPOSED AMENDED OPINION, MEMORANDUM AND ORDER
This Joint Proposed Amended Opinion and Order corrects a mathematical error and
supersedes this Court’s Order dated May 27, 2016.
This matter is before the Court on remand from the Eighth Circuit Court of Appeal. In
its May 26, 2015 Opinion, the Eighth Circuit ordered that this Court “first should specify what
amount of future economic damages are future medical damages, in accordance with §
538.215.1. Once that amount is specified, the court should determine what portion, if any, will
be paid in a lump sum, and what portion will be placed in a reversionary trust for periodic
payment to Askew.”
The Court awarded $4,000,000 as future economic costs. From this, is deducted the
non-medical future income loss of $1,205,061, leaving $2,794,939. Proportionate attorney’s
fees in the amount of 25% (698,735), should be deducted from this amount, as well as one half of
the total trial costs expended, ($58,900), leaving $2,037,304 for future medical costs.
Since the entry of the judgment, certain medical needs have been incurred: $37,403
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immediate first time expenses for assistive equipment, $53,000 wheelchair access van, $200,000
for home purchase and handicap adaptations, for a total to be deducted from the future medical
expenses of $290,403, leaving $1,746,901 to be placed into a reversionary trust for 28 years,
Plaintiff’s life expectancy at the time of trial. Thus, each year a total of $62,387 shall be paid
from the reversionary trust. Since two long years have passed since the entry of the judgment,
an additional lump sum of $124,774 shall be paid immediately, leaving $1,622,127 to be placed
into a reversionary trust, to be invested and/or held in such a way as to pay out in annual amounts
of $62,389 per year for the next 26 years, paid on the anniversary of the original judgment during
the month of November, with the first payment from the reversionary trust to commence on
November 1, 2016, to be disbursed and upon the death of Plaintiff Dirk Askew, the remainder to
revert to the United States Treasury.
The parties are to agree on a Trustee without further order of this Court and shall submit
to this Court an agreed upon Trustee by Wednesday, June 8, 2016.
Dated this 3rd day of June 2016.
So Ordered:
____________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
THE LAW OFFICES OF DAVID N. DAMICK
RICHARD G. CALLAHAN
United States Attorney
s/ David Damick
David N. Damick, MBEN 38903
One Metropolitan Square, Suite 2420B
211 North Broadway
St. Louis, Missouri 63102-2733
TEL: (314) 231-0570
FAX: (314) 621-8639
Attorneys for Plaintiffs
s/ Nicholas P. Llewellyn
Nicholas P. Llewellyn MO 43839
Assistant United States Attorney
Thomas F. Eagleton U.S. Courthouse
111 S. 10th Street, 20th Floor
TEL: (314) 539-7637
FAX: (314) 539-2287
Attorneys for Defendant
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