McDonald v. Halifax County et al

Filing 60

ORDER granting 53 Motion to Approve Wrongful Death Settlements. Signed by District Judge James C. Dever III on 8/28/2024. (Mann, Stephanie)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Case No. 4:23-CV-84-D-RN
WAYNE MCDONALD
)
as Administrator of the Estate of )
Ronald Anthony McDonald,
)
)
Plaintiff,
)
)
vs.
) .
)
HALIFAX COUNTY, et al.,
)
)
Defendants.
)

CONSENT ORDER
APPROVING WRONGFUL
DEATH SETTLEMENTS

THIS MATTER is before the Court upon Plaintiffs Motion to Approve
Wrongful Death Settlement, pursuant to N.C.G.S. § 28A-13-3(23). After consideration
of the Motion, Proposed Disbursements, General Release and Indemnity Agreement,
Release of All Claims and Confidentiality Agreement, Notices of Consent to
Settlement by Potential Beneficiaries, the Affidavits of Wayne McDonald, Catharine

E. Edwards, Eric L. Doggett, and Carlos E. Mahoney, and the record proper, the Court
• determines as follows:
1.

This is a wrongful death case arising from the death of Ronald Anthony

McDonald ("Decedent"), age 70, on May 19, 2021 while he was in the custody of the
Sheriff of Halifax County.
2.

Plaintiff is the Decedent's brother and the duly appointed Administrator

of the Estate.
3.

There is an unresolved issue concerning the heirs of the Estate. The

heirs are either Decedent's putative grandson or Decedent's two surviving brothers

and the fifteen surviving lineal descendants of his three deceased siblings. Plaintiff
will file a lawsuit in state court to determine the beneficiaries of the Estate.
4.

Catharine E. Edwards is the duly appointed Guardian Ad Litem for the

Unknown Potential Grandson Heir, Anthony M. McDonald, Jr. Since her
appointment as GAL, Mr. McDonald's whereabouts have been ascertained by counsel
for Plaintiff.
5.

Eric L. Doggett is the duly appointed Guardian Ad •Litem for the

Unknown Potential Nephew and Niece Heirs.
6.

In this action, Plaintiff asserts claims for deliberate indifference under

the Fourteenth Amendment, an action on the sheriffs official bond, medical
malpractice, and corporate negligence against Defendants arising from Decedent's
death. Defendants deny all liability to Plaintiff.
7.

Plaintiff and the Halifax County Defendants have agreed to a settlement

of all claims alleged in this case in the amount of $450,000.00, as set forth in the
General Release and Indemnity Agreement.
8.

Plaintiff and Defendant Southern Health Partners have agreed to a

confidential settlement of all claims alleged in this case, as set forth in the Release of
All Claims and Confidentiality Agreement.
9.

The potential beneficiaries of the Estate are competent adults. Although

Plaintiff and nine of the potential beneficiaries have consented in writing to the
proposed settlements, Plaintiff is unable to obtain the written consent of all potential

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beneficiaries. Plaintiff therefore seeks court approval of the wrongful death
settlement under N.C.G.S. § 28A-13-3(23).
10.

The proposed settlements are fair, reasonable, and in the best interests

of the Estate and the potential beneficiaries of the Estate.
11.

Plaintiff is represented in this case by Carlos E. Mahoney from Mills &

Mahoney, P.A. in Durham, NC.
12.

Mills & Mahoney, P.A. has advanced case expenses totaling $58,522.07

during the legal representation of Plaintiff. These expenses were reasonably
necessary to investigate and prosecute the case, the expenses are fair and reasonable
in amount.
13.

Catharine E. Edwards has requested a fee in the amount of $800.00 for

her service as Guardian Ad Litem. Ms. Edwards' fee is fair, reasonable, and
appropriate for the services she provided as Guardian Ad Litem.
14.

Eric L. Doggett has requested a fee in the amount of $1,050.00 for his

service as Guardian Ad Litem. Mr. Doggett's fee is fair, reasonable, and appropriate
for the services he provided as Guardian Ad Litem.
15.

Counsel for Plaintiff requests a contingent attorney's fee in the amount

of 40% of the total settlement minus the GAL fees. The attorney's fee requested by
counsel for Plaintiff is reasonable.
16.

Pursuant to N.C.G.S. § 28A-18-2(a), the funeral expenses for Decedent

in the amount of $1,000.00 will be reimbursed to Keisha Pitts.

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17.

After the disbursement of the case expenses, GAL fees, attorney's fee,

and burial expenses, there will be $300,477.93 available for distribution to the heir(s)
of the Estate. These funds will be maintained in the Mills & Mahoney, P.A. Trust
Account by counsel for Plaintiff until there is a final determination of the heir(s) of
the Estate.
18.

The wrongful death settlements between the parties, as set forth in the

General Release and Indemnity Agreement and Release of All Claims and
Confidentiality Agreement, are hereby approved.
19.

Plaintiffs list of Proposed Disbursements is hereby approved

IT IS THEREFORE ORDERED that Plaintiffs Motion to Approve Wrongful
Death Settlements is GRANTED and the settlements are APPROVED.
Plaintiff is authorized and directed to disburse the settlements in accordance
with the list of Proposed Disbursements.
Upon payment of the settlements, the parties shall file a Stipulation of
Dismissal with Prejudice.
SO ORDERED. This the 2 Bday of August, 2024.

United State District Judge

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We consent to the
Entry of this Order:
Isl Carlos E. Mahoney

Carlos E. Mahoney
Counsel for Plaintiff
Isl Bradley 0. Wood
Bradley 0. Wood

Counsel for Halifax County,
Sheriff Davis, Western Surety Company,
David A. Foltz, Silvester Hardy,
Corey R. Johnson, Gravino Lashon Taylor
Isl W. Gregory Merritt

W. Gregory Merritt
Counsel for Southern Health Partners
Isl Catharine E. Edwards

Catharine E. Edwards
Guardian Ad Litem for
Unknown Potential Grandson Heir
Isl Eric L. Doggett

Eric L. Doggett
Guardian Ad Litem for
Unknown Potential Nephew and Niece Heirs

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