Matheny v. Ralls et al

Filing 128

ORDER AND JUDGMENT: Plaintiffs Becky Matheny, Thomas Lawrence and Johnna Lawrence are collectively awarded judgment in the principal amount of $420,000.00 against Tennessee Valley Authority, representing the damages available in light of the opi nion of the United States Court of Appeals for the Sixth Circuit. Based upon the agreement of the Plaintiffs, and with the consent and agreement of the Tennessee Valley Authority, that amount and the post-judgment interest on that amount is hereby al located among the Plaintiffs by granting Ms. Matheny 93.3% of the available damages and by granting Thomas Lawrence and Johnna Lawrence 6.7% of the available damages. This Order shall constitute a final judgment within the meaning of Federal Rule of Civil Procedure 54. Signed by District Judge Aleta A. Trauger on 2/16/10. (dt)

I THE U ITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TE ESSEE, ASHVILLE DIVISIO

BECKY MATHE Y, individually and as, ) surviving spouse of Ronald Matheny, ) Deceased, ) ) Plaintiff, ) ) v. ) ) TE ESSEE VALLEY AUTHORITY, ) ) Defendant/Third-Party Plaintiff ) Counter Defendant, , ) ) v. ) ) THOMAS LAWRE CE and ) JOH A LAWRE CE, ) ) Third-Party Defendant/Counter ) Plaintiff . )

Case o. 3:06-0565

xxxxxxxxxx ORDER A D JUDGME T PROPOSED
In accordance with the Plaintiffs' Motion to Allocate Available Damages and For Entry of Judgment on Post-Judgment Interest (Doc. 122), Tennessee Valley Authority's Response to the Motion to Allocate Available Damages And For Entry Of Judgment On Post-Judgment Interest (Doc. 123), and Plaintiffs' Response to the Court's Order of February 5, 2010 (Doc. 125), the Court hereby enters judgment as follows: 1. Plaintiffs Becky Matheny, Thomas Lawrence and Johnna Lawrence are

collectively awarded judgment in the principal amount of $420,000.00 against Tennessee Valley Authority, representing the damages available in light of the opinion of the United States Court of Appeals for the Sixth Circuit. Based upon the agreement of the Plaintiffs, and with the

consent and agreement of the Tennessee Valley Authority, that amount and the post-judgment interest on that amount is hereby allocated among the Plaintiffs by granting Ms. Matheny 93.3% of the available damages and by granting Thomas Lawrence and Johnna Lawrence 6.7% of the available damages. 2. In accordance with Paragraph 1, Becky Matheny is awarded a judgment in the

amount of $391,860.00, representing her 93.3% share of the available damages, plus postjudgment interest through February 15, 2010 in the amount of $28,525.76, for a total of $420,385.76. Ms. Matheny is further awarded post-judgment interest in the amount of $37.20 per day for each day after February 15, 2010, until the date on which the judgment is satisfied. 3. In accordance with Paragraph 1, Thomas Lawrence and Johnna Lawrence are

awarded a judgment in the amount of $28,140.00, representing their 6.7% share of the available damages, plus post-judgment interest through February 15, 2010 in the amount of $2,048.47, for a total of $30,188.47. Thomas and Johnna Lawrence are further awarded post-judgment interest in the amount of $2.67 per day for each day after February 15, 2010, until the date on which the judgment is satisfied. This Order shall constitute a final judgment within the meaning of Federal Rule of Civil Procedure 54. It is so ORDERED.

16th Entered this ___ day of February, 2010.

___________________________________ Aleta A. Trauger United States District Judge

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APPROVED FOR E TRY: EAL & HARWELL, PLC By: /s/ W. David Bridgers Philip N. Elbert, No. 9430 W. David Bridgers, No. 016603 One Nashville Place, Suite 2000 150 Fourth Avenue North Nashville, Tennessee 37219 THE PERRY FIRM By: /s/ Jon Perry Jon Perry, Esq., No. 015595 1896 General George Patton Drive Franklin, TN 37067 Counsel for Plaintiff Becky Matheny /s/ Mark Mizell Mark Mizell, Esq., No. 018136 136 Fourth Avenue South Franklin, TN 37064 Counsel for Counter Plaintiffs Thomas Lawrence and Johnna Lawrence

CERTIFICATE OF SERVICE I hereby certify that on this the 12th day of February, 2010 a copy of this document was served upon the following: () () () () () (x) Hand Mail Fax Fed. Ex. Email EFS Thomas A. Robins, Esq. Tennessee Valley Authority General Counsel Office 400 W. Summit Hill Dr. Knoxville, TN 37902-1499 [e-mail] Counsel for Defendant and Cross Plaintiff TVA

/s/ W. David Bridgers

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