Judge: Andrew E. Cooper, Case: 23CHCV01011, Date: 2023-09-08 Tentative Ruling

Case Number: 23CHCV01011    Hearing Date: September 8, 2023    Dept: F51

MINOR’S COMPROMISE

Petition filed: 6/5/23 

MINOR: Brooks Fischer 

GAL: Gillian Fischer

DEFENDANT: Rudolph Cruz (“Defendant”)

RELIEF REQUESTED: Approval of the compromise of the claim of the minor.¿ 

TENTATIVE RULING: The petition is continued. 

SUMMARY OF ACTION: Plaintiffs/Claimants Dylan and Brooks Fischer are minors, bringing this personal injury action against Defendant through guardian ad litem Gillian Fischer. On 8/16/21, Defendant allegedly rear-ended Plaintiffs’ vehicle, causing the vehicle to roll over.

Plaintiff/claimant Brooks Fischer (“Claimant”) allegedly suffered a knee injury from the incident, requiring surgery, and experiences post-traumatic stress disorder. Claimant has recovered completely from his injuries without any permanent injuries. 

SETTLEMENT: Defendant to pay each Plaintiff/Claimant $7,500.00, totaling $30,000. 

MEDICAL EXPENSES: $78,551.61 of non-settlement monies to be paid, pending settlement of underinsured motorist claims with Plaintiffs’ insurance company (estimated 6-12 months).

ATTORNEY FEES: $1,875.00 to be paid from settlement proceeds. 

OTHER COSTS/EXPENSES: None.

AMOUNT TO BE PAID TO MINOR: $5,625.00, pending settlement of underinsured motorist claims with Plaintiffs’ insurance company (estimated 6-12 months). Claimant has failed to specify the disposition method of the settlement proceeds as indicated in Section 18b. of the MC-350 petition.

CONCLUSION: The petition is continued pending the submission of an amended petition with the specified disposition method indicated.

MINOR’S COMPROMISE

Petition filed: 6/5/23 

MINOR: Dylan Fischer 

GAL: Gillian Fischer

DEFENDANT: Rudolph Cruz (“Defendant”)

RELIEF REQUESTED: Approval of the compromise of the claim of the minor.¿ 

TENTATIVE RULING: The petition is granted. 

SUMMARY OF ACTION: Plaintiffs/Claimants Dylan and Brooks Fischer are minors, bringing this personal injury action against Defendant through guardian ad litem Gillian Fischer. On 8/16/21, Defendant allegedly rear-ended Plaintiffs’ vehicle, causing the vehicle to roll over.

Plaintiff/claimant Dylan Fischer (“Claimant”) allegedly suffered neck and upper back injuries from the incident, and received one orthopedic evaluation and one physical therapy session. Claimant has recovered completely from his injuries without any permanent injuries. 

SETTLEMENT: Defendant to pay each Plaintiff/Claimant $7,500.00, totaling $30,000. 

MEDICAL EXPENSES: $1,011.00 to be paid or reimbursed from settlement proceeds.

ATTORNEY FEES: $1,875.00 to be paid from settlement proceeds. 

OTHER COSTS/EXPENSES: None.

AMOUNT TO BE PAID TO MINOR: $4,614.00 to be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the Court. 

CONCLUSION: The petition is granted.