Parks v. Visteon Corporation et al.

Filing 45

ORDER OF APPROVAL OF SETTLEMENT. Signed on 6/20/11 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
NATHAN PARKS,
Plaintiff,
vs.
VISTEON CORPORATION,
Defendant.

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Case No. 11-1058-CV-W-JTM

ORDER APPROVING AND APPORTIONING
WRONGFUL DEATH SETTLEMENT
After hearing evidence in this matter, this Court finds as follows:
1.

Kora Parks died on December 6, 2006, from injuries she received in a single car

automobile accident that occurred in Lake Lotawana, Jackson County, Missouri.
2.

At the time of her death, Nathan Parks was the spouse of Kora Parks.

3.

Nathan Parks brought claims for the wrongful death of Kora Parks against

Visteon Corporation, Ford Motor Company, the City of Lake Lotawana, and Jackson County,
Missouri. The case was originally brought in Jackson County, Missouri in Parks v. Ford Motor
Company, et al., Case No. 0816-CV00669.
4.

On May 29, 2009, defendant Visteon Corporation filed for bankruptcy protection.

5.

Defendant Visteon Corporation was dismissed without prejudice from the Jackson

County, Missouri, case on June 10, 2009, and a claim was filed in the Visteon Corporation
bankruptcy proceeding in the United States Bankruptcy Court for the District of Delaware.
6.

On August 31, 2010, the Bankruptcy Court entered an order confirming the Fifth

Amended Joint Plan of Reorganization of Visteon Corporation and Its Debtor Affiliates Pursuant
to Chapter 11 of the United States Bankruptcy Code (the “Plan”). The Plan became effective on
October 1, 2010. The Plan provides for the discharge and release of the Reorganized Debtors
from all claims and causes of action that arose on or before October 1, 2010.

1831037.1

7.

Claims for the wrongful death of Kora Parks have previously been settled with

Ford Motor Company, Jackson County, Missouri and the City of Lake Lotawana, Missouri and
the proceeds from those settlements have been distributed to the various beneficiaries entitled to
recover for this claim.
7.

Elayna Parks was the minor daughter of Kora Parks, deceased.

8.

Brady Parks was the minor son of Kora Parks, deceased.

9.

Debora M. MacTaggart is the surviving mother of Kora Parks, deceased.

10.

There are no other Class I heirs entitled to recover for the wrongful death of Kora

Parks, deceased, under Mo. Rev. Stat. §537.80.
11.

Plaintiff has employed counsel and thoroughly investigated the facts and

circumstances of the occurrence and death of Kora Parks, deceased, the potential causes of action
and the potential elements of damages as set forth in Mo. Rev. Stat. §537.090
12.

Plaintiff has reached a proposed settlement with defendant Visteon Corporation

on behalf of all entitled to recover for the wrongful death of Kora Parks, deceased. The
settlement of this claim is in exchange for an allowed unsecured claim against Visteon
Corporation under the Plan and shall receive the same treatment as other general, unsecured
claims in Class H under the Plan.
13.

Under the terms of the Visteon bankruptcy plan, unsecured creditors are being

paid at a rate of fifty cents per dollar of the amount of the allowed claim. Therefore, the cash
value of the settlement of the claim for the wrongful death of Kora Parks likely is eighty
thousand dollars ($80,000.00).
14.

Counsel for plaintiff is requesting reimbursement of litigation expenses in the

amount of thirty four thousand six hundred fourteen and 34/100 dollars ($34,614.34). The
expenses were reasonable and necessary for the prosecution of this action and are approved.
15.

Counsel for plaintiff is requesting payment of attorney’s fees in this matter in the

amount of fifteen thousand three hundred eighty five and 66/100 dollars ($15,385.66). The
attorney fees were reasonable and necessary for the prosecution of this action and are approved.
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16.

The net proceeds to be distributed to the persons entitled to recover for the

wrongful death of Kora Parks are thirty thousand dollars ($30,000.00).
17.

Based upon all of the facts and circumstances of this case, the proposed settlement

is fair, reasonable and in the best interest of those entitled to recover for the wrongful death of
Kora Parks. The settlement with Visteon Corporation is approved.
18.

Plaintiff has requested apportionment of the net settlement proceeds (after

deducting attorneys’ fees and litigation expenses) as follows:
a.
b.

7.5% to Elayna Parks;

c.

7.5% to Brady Parks;

d.
19.

80% to Nathan Parks;

5% to Debora MacTaggart.

The distribution percentages proposed in this matter are the same percentages that

were used for distribution of the settlement proceeds of the claim against Ford Motor Company.
20.

Based upon the facts and circumstances of this case, the requested distribution of

the settlement proceeds is fair and reasonable and is approved.
21.

Plaintiff requests the money allocated to Elayna Parks and Brady Parks be paid to

their father, Nathan Parks. Any such funds will be kept and invested by Nathan Parks in separate
accounts for the sole use and benefit of Elayna Parks and Brady Parks. Plaintiff’s request is
approved and the funds allocated to the claim of Elayna Parks and Brady Parks are to be paid to
Nathan Parks to be held solely for the use and benefit of Elayna Parks and Brady Parks.
22.

Based upon the evidence presented, there are no other persons entitled to recover

for the death of Kora Parks.
23.

Based upon the evidence presented, all persons entitled to recover for the

wrongful death of Kora Parks have been provided notice of the hearing requesting approval of
this settlement.
Accordingly it is ORDERED that:

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1.

Plaintiff’s settlement shall be deemed an allowed unsecured claim against Visteon

Corporation under the Plan and shall receive the same treatment as other general, unsecured
claims in Class H under the Plan.
2.

Based upon all the facts and circumstances, the settlement of the claim against

Visteon Corporation for the wrongful death of Kora Parks is fair, reasonable, and in the best
interest of the persons entitled to recover for the wrongful death of Kora Parks. Nathan Parks is
authorized to execute a release of all claims against Visteon Corporation for the wrongful death
of Kora Parks.
2.

The proceeds of the settlement of the claim for the wrongful death of Kora Parks

shall be distributed as follows:
a.
b.

7.5% to Elayna Parks;

c.

7.5% to Brady Parks;

d.
3.

80% to Nathan Parks;

5% to Debora MacTaggart.

Attorney fees in the amount of $15,385.66 shall be paid the Humphrey,

Farrington & McClain, P.C. and Shamberg, Johnson & Bergman, Chartered.
4.

Litigation expenses in the amount of $34,614.34 shall be paid to Humphrey,

Farrington & McClain, P.C. and Shamberg, Johnson & Bergman, Chartered.
5.

Upon receipt of payment, Plaintiff shall file with this Court a Notice of Dismissal

With Prejudice of all claims against Visteon Corporation for the wrongful death of Kora Parks.
SO ORDERED.
June 20, 2012
DATE

/S/ John T. Maughmer
,
Honorable John T. Maughmer
United States Magistrate Judge

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