United States District Court, S.D. Ohio, Western Division, Cincinnati
Teresa R. Robinson Administrator of the Estate of Carl Tackett, Deceased, Plaintiff,
M & M Cartage Company, Inc., et al, Defendants.
Michael Jay Leizerman email approval 5/21/19 Michael Jay
Leizerman (0063945) Joshua M. Leizerman (0088359) Leizerman
& Associates and Charles M. Rittgers (0086567) Rittgers
& Rittgers Attorneys for Plaintiff
Kenneth A. Calderone Kenneth A. Calderone (0046860) Carol N.
Tran (0089192) Hanna, Campbell & Powell, LLP Attorneys
Susanne M. Cetrulo email approval 5/22/19 Susanne M. Cetrulo,
Esq. Cetrulo, Mowery & Hicks, PC Attorney for Third-Party
Defendant Cody N. Tackett
Michael R. Barrett, Judge
ORDER APPOINTING ESTATE REPRESENTATIVE AND GRANTING
JOINT MOTION TO APPROVE SETTLEMENT
L. LITKOVITZ, MAGISTRATE JUDGE
matter came before this court on the Plaintiff and
Defendants' joint motion to approve settlement. This
Court conducted a conference on April 24, 2019 with the
parties to entertain discussion on the law and issues in this
case. Based upon the evidence, discussion and law, this Court
makes the following findings:
November 8, 2017, Ms. Robinson was appointed the
representative of Mr. Tackett's estate in Mingo County,
West Virginia. See Affidavit of Executrix Pursuant
to West Virginia Code §44-1-13 attached as Exhibit A.
After being appointed as Executrix, Mr. Robinson filed the
action before this Court pursuant to Ohio's wrongful
death statute, O.R.C. 2125.02(A)(1).
Subject to this Court's approval, the parties have
recently reached an agreement. Plaintiff and Defendants
jointly drafted the proposed Settlement Agreement, attached
hereto as Exhibit B. The settlement funds will be disbursed
$ 1, 800, 000.00
Net to Melissa Tackett:
Net to Cody Tackett:
Court has reviewed the terms of the settlement with counsel
and finds that the settlement is a good faith settlement,
made in the best interest of all parties.
Pursuant to R.C. 2125.02 (C), "[a] personal
representative appointed in this state, with the consent of
the court making the appointment and at any time before or
after the commencement of a civil action for wrongful death,
may settle with the defendant the amount to be paid".
Robinson was appointed the personal representative of the
Estate of Carl Tackett in Mingo County, West Virginia Court.
However, West Virginia law does not have a procedural
mechanism under which to seek permission from the Mingo
County Court to enter into a settlement. In addition, counsel
for Defendant contacted the Mingo County Court and requested
a conference for the purpose of obtaining consent to enter
into a settlement. Unfortunately, the Mingo County Court
refused to grant a conference because West Virginia law does
not give that court authority consent or approve settlements.
Rather, the Court only rules on distribution of settlement
Reconciling West Virginia law and O.R.C. 2125.02 (C), this
Court hereby gives full faith and credit to, and recognizes
West Virginia's appointment of Ms. Robinson as the
personal representative of the Estate of Carl Tackett.
Moreover, this Court hereby and likewise appoints Teresa R.
Robinson as the Administrator for the Estate of Carl Tackett,
for the limited purpose of entering into a settlement
agreement in this case.
Court authorizes Ms. Tackett, as the personal representative
of the Estate of Carl Tackett, to enter into (i.e. execute)
the proposed ...