25I-01-1485CIV. ELIZABETH SMITH, ET AL PLAINTIFFS V. CSX TRANSPORTATION, INC.

CourtMississippi
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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