TENTATIVE¿ 

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Plaintiffs have agreed to settle their claims against Defendants for the total amount of $108,500 in this wrongful death action, with $36,166.66 being apportioned to Jai Radzik (“Claimant”). If the settlement is approved, $9,041.66 will be used for attorneys’ fees and $2,748.08 will be used for costs. The net balance of $24,376.92 will be deposited into a blocked account. 

The petition is denied for the following reasons: 

Petitioner Eileen Radzik is both the guardian ad litem of Claimant and a Plaintiff to the same action. However, Petitioner incorrectly marks on MC-350, Item 11(b)(3) that she is not a plaintiff. Petitioner must mark the correct item, and provide an Attachment 11b(3) briefly explaining the circumstances and effect of Petitioner’s claim and its disposition on the proposed compromise of the action.  

Item 10 is for the total amount offered to Claimant, specifically. Petitioner provides the amount is $108,500 on Item 10, yet Item 16(a) provides that the gross amount to Claimant is actually in the amount of $36,166.66. It appears that $108,500 represents the total settlement amount amongst the three plaintiffs, which includes Claimant. If so, then Item 10(a) should represent the amount offered to Claimant only. Item 11(b) should represent the total amount offered to all other parties except for Claimant.  

On Item 16(e), Petitioner must total the fees and expenses to be paid from the proceeds, which should read $11,789.74. 

Petitioner provides the declaration of Claimant’s counsel in support of attorneys’ fees. However, Petitioner must also include a copy of the written attorney fee agreement in Attachment 14a.  

Petitioner must file a new petition curing all the above-noted defects at her earliest convenience. 

Moving party is ordered to give notice.