 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brunson v. McKay7/20/2005
In this case we are called upon to review a probate court order approving the amount of a settlement in an action for damages under the Florida Wrongful Death Act, sections 768.16-.26, Florida Statutes (2002) (the Act), and authorizing payment of attorney's fees and costs from the settlement proceeds to the personal representative's attorney. The decedent's adult children contend that the probate court erred in ruling that they had no standing to be heard on their timely objection to the reasonableness of the amount of the settlement. We agree. Accordingly, we reverse the probate court's order, and we remand this case for further proceedings.
I. FACTS AND PROCEDURAL HISTORY
On November 15, 2002, Alex D. McKay (the Decedent), who was eighty-four years old, was severely burned in a fire at his home in Lake Wales. The fire resulted when a heater ignited gas that was seeping from an improperly capped gas line. The Decedent died the day after the accident as a result of his injuries.
The Decedent died intestate. He was survived by his spouse, Christine McKay (the Widow) and five adult children--Louise Brunson, Janice McRae, Tomisena Porter, Melvin McKay, and Perry McKay (the Children). The petition filed in the probate court for administration of the Decedent's estate described each of the Children as "adult" but did not state their respective ages. Based on the Decedent's age, we will assume for purposes of this opinion that each of the Children was twenty-five years of age or older at the Decedent's death. The probate court appointed the Widow as the personal representative of the Decedent's estate.
After her appointment, the Widow filed an action against the gas company, Mid State Energy, Inc. (Mid State), for the wrongful death of the Decedent. The Widow's complaint against Mid State included damage claims for herself and the Children as survivors. Mid State's insurance carrier subsequently offered the Widow a single, undivided sum of $450,000 to settle the claims of both the estate and the six survivors. The Widow decided to accept the offer, and she filed a petition with the probate court seeking an order approving the proposed settlement and the fees and costs to be paid to her attorney for prosecuting the wrongful death action. The Widow's petition did not explain how she proposed to allocate the net settlement proceeds between the estate and the survivors.
The Children filed a timely objection to the proposed settlement. In their objection, the Children asserted that they had individual claims for damages as a result of the wrongful death of their father. The Children objected to the approval of the proposed settlement on three grounds: (1) the amount of the settlement was inadequate, (2) the Widow had failed to consult them and obtain information concerning their individual claims, and (3) the Widow's petition did not state how she proposed to allocate the net settlement proceeds.
The Widow responded with an unsworn motion to strike the Children's objection. In her motion, the Widow alleged that there was no recovery that could be made on behalf of the Children " part from funeral expenses that will be paid in full." The Widow alleged further that she was "the sole beneficiary of this wrongful death action" and that "her decision regarding settlement of the claim should be dispositive." Finally, the Widow maintained that the Children had "no standing to object to the settlement."
At a scheduled hearing on the Widow's petition, both the Widow and the Children appeared with counsel. The probate court began the hearing by granting the Widow's request to bifurcate the settlement approval process. The only issues relating t
Page 1 2 3 4 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|