25I-01-1485CIV. ELIZABETH SMITH, ET AL PLAINTIFFS V. CSX TRANSPORTATION, INC.
Court | Mississippi |
Mississippi Workers Compensation Decisions
2010.
25I-01-1485CIV.
ELIZABETH SMITH, ET AL PLAINTIFFS V. CSX TRANSPORTATION, INC
ELIZABETH SMITH, ETAL. PLAINTIFFS V.
CSX TRANSPORTATION, INC., LOUISIANA-PACIFIC CORPORATION; SOUTHERN PACIFIC
RAILROAD, CO.; INTERSTATE TRUCKING, INC.; AMERICAN JAN 28, 2013 INTERSTATE
INSURANCE COMPANY OF GEORGIA; WALTER SHARP; KEITH BURTON MARGARET PICKETT;
NURSEFINDERS, INC., AND DEFENDANTS A-F DEFENDANTSIN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY,
MISSISSIPPICIVIL ACTION NO.
25I-01-1485CIVORDER APPROVING FINAL COMPROMISE SETTLEMENT AND
DISMISSING CLAIM WITH PREJUDICE
This cause came on this day for hearing before the Circuit Court
of the First Judicial District of Hinds County, Mississippi, on the sworn
Petition for Approval of Final Compromise Settlement of
Elizabeth Smith, surviving spouse and Administratrix of the Estate of Grover C.
Smith, deceased, and Aylwin Smith, Kevin Smith and Regina Smith, the adult
natural children of Grover Smith, seeking authority for and approval of a
compromise settlement as set out in said petition. The Defendants, Interstate
Trucking, Inc. (a/k/a Interstate Trucking Company), American Interstate
Insurance Company of Georgia (a/k/a American Interstate Insurance Company
and/or Amerisafe), Walter Sharp (a/k/a Walter Scharff) and Keith Burton also
join in said Petition.
The Court has examined the Petition and the compromise settlement
proposed therein, has T reviewed the Court records in this claim, has
determined that Plaintiffs and Petitioners are represented by competent legal
counsel and are fully informed in the premises; and the Court is of the opinion
that the compromise settlement is just, fair and proper, is in the Plaintiffs'
and Petitioners' best intererst, and that the prayer of the petition should be
granted.
The Court finds that this is a denied, doubtful, and disputed
claim for compensatory damages, punitive damages and Mississippi workers'
compensation benefits and that the case is a proper one for disposition under
the provisions of the Mississippi Workers' Compensation Act, statutes and
common laws of this state.
The Plaintiffs and Petitioners herein have employed Wayne E.
Ferrell, Jr., Attorney at Law, as their personal attorney and representative
and have counseled with said attorney as to all matters pertinent to these
claims. The Plaintiffs and Petitioners are aware of the hearing and trial
procedures afforded in such cases and the possibility that they might receive
an award of a greater or lesser amount than agreed herein if the matter were to
continue in litigation to a conclusion. Plaintiffs and Petitioners agree that
the settlement as proposed would be, all things considered, in the best
interest of Plaintiffs and Petitioners. Said attorney has rendered valuable
services and, pursuant to the attorney fee contract between the parties, said
attorney is entitled to a...
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