Judge: Lisa R. Jaskol, Case: 22STCV02588, Date: 2025-04-17 Tentative Ruling

Case Number: 22STCV02588    Hearing Date: April 17, 2025    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On January 21, 2022, Plaintiffs Tavis Lurry (“Tavis Lurry”), Nakeithia Robinson, Khalon Madison (“Madison”), and Kahleeb Lurry (“Kahleeb Lurry”) filed this action against Defendants LA Hood Life Tours (“Tours”), Hodari Sababu (“Sababu”), Steven Barbee (“Barbee”), Jacobo Rosas (“Rosas”), and Does 1-50 for negligence. 

On July 14, 2022, the Court appointed Tavis Lurry to serve as guardian ad litem for Khaleeb Lurry and Madison.  On September 26, 2024, the Court granted Plaintiffs’ motion to remove Tavis Lurry as guardian ad litem for Madison. 

On August 23, 2022, Plaintiffs amended the complaint to include Defendant Lindsey Mendoza (“Mendoza”) as Doe 1. 

On October 21, 2022, Rosas and Mendoza filed an answer and a cross-complaint against Cross-Defendants LA Hood Life Tours, Sababu, Barbee, and Roes 1-100 for implied indemnity, total indemnity, declaratory relief, and apportionment of fault.  On May 1, 2024, the Court dismissed Tours, Sababu, and Barbee from the cross-complaint without prejudice. 

On November 28, 2022, Sababu and Barbee filed an answer to Plaintiffs’ complaint. 

On October 25, 2023, Sababu and Barbee filed a notice of settlement.  On January 3, 2024, Plaintiffs filed a notice of settlement.  On January 25, 2024, Rosas and Mendoza filed a notice of settlement. 

On March 22, 2024, the Court dismissed Rosas and Mendoza with prejudice at Plaintiffs’ request. 

On March 25, 2025, Petitioner Nakeithia Robinson (“Petitioner”) filed a petition to approve the compromise of Madison’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to grant the petition to approve the compromise of Madison’s claims. 

DISCUSSION 

A.   Medical expenses 

Section 12a(1) of the petition states that total medical expenses were $8,604.25.  Section 12a(3) of the petition states that this amount was reduced by $2,500.00.  This should mean that the remaining amount of medical expenses ($6,104.25) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $2,500.00 of the medical expenses will be paid or reimbursed from the settlement proceeds.  This leaves $3,604.25 of the medical expenses which have not been reduced and will not be paid or reimbursed from the settlement proceeds. 

Section 12b(2)(a) of the petition states that private health insurance or a self-funded plan paid $3,119.25 of the medical expenses and has not requested reimbursement.  Subtracting $3,119.25 from $3,604.25 leaves $485.00 as the amount of medical expenses that have not been accounted for.  The Court cannot approve a petition unless it shows that all medical expenses which have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

B.   Guardian ad litem 

In the Court’s April 9, 2024 order denying Petitioner’s previous petition to approve the minor’s compromise, the Court stated: 

“On July 14, 2022, the Court appointed Tavis Lurry as guardian ad litem for Khalon Madison. On March 21, 2024, Petitioner filed an ex parte order to appoint Nakeithia Robinson as guardian ad litem for Khalon Madison, which was rejected. Since Claimant is a minor, the Court will only review a petition filed Khalon Madison’s appointed guardian ad litem. Since Petitioner is not the guardian ad litem, the petition is denied.”  (April 9, 2024 minute order.) 

The Court granted Plaintiffs’ request to remove Tavis Lurry as Madison’s guardian ad litem on September 26, 2024.  However, the Court has not appointed Petitioner to act as Madison’s guardian ad litem.  Therefore, Petitioner has not cured the defect identified in the Court’s April 9, 2024 order. 

C.   Petitioner’s claim against Madison’s recovery 

Section 11b(2) of the petition states that Petitioner has a claim against claimant Madison’s recovery.   However, Attachment 11b(2) does not explain why Petitioner has a claim on Madison’s recovery.  Petitioner should determine whether she in fact has a claim against Madison's recovery.  If Petitioner has a claim against Madison's recovery, Petition should explain the reason for that claim and the effect that Petitioner's claim on Madison's recovery has on the proposed compromise of Madison's claim. 

D.   Lien 

Section 12a(5) of the petition states that the total amount of contractual or statutory liens is $0.00.  However, Section 12b(5)(a)(ii) of the petition states that the total amount claimed under a medical service provider’s contractual or statutory liens is lien is $5,485.00 and the lienholders have agreed to accept $2,500.00 in satisfaction of their claims.  Petitioner should resolve this inconsistency. 

E.   Reduction amount 

Section 12a(3) of the petition states that total negotiated, contractual, or statutory reductions was $2,500.00.  However, Section 12b(5)(b) of the petition states that West Palm Beach Chiropractic Clinic of South Florida reduced its charges by $2,985.00.  Petitioner should resolve this inconsistency. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Nakeithia Robinson’s petition for approval of the compromise of Plaintiff Khalon Madison’s claims filed on March 25, 2025. 

Petitioner is ordered to give notice of this ruling. 

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.