HomeMy WebLinkAbout96-05723
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MEGAN NIEDING and
RYAN NIEDING,
by tbelr motber and natural guardian,
DEBORAH KELLY
PlalntllTlPetltloner
: IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
v.
.
.
:96-5'7:13 CIVIL TERM
SOUTHERN PACIFIC LINES and
D & RGW RAILROADS,
DefendantsfRespond en ts
I AMICABLE ACTION .IN TRESPASS
ORDER OF COURT
.
AND NOW, thls.J.1.. day of October, 1996, upon consideration of the Petition tbr Leavo
to Minors' Claims It Is hereby Ordered as follows:
1.
The settlement which will pay the total sum of Fifty Thousand no/IOO ($50,000.00)
Dollars to the mlnor children ofthe deceased Samuel A. Niedlng. being Megan Nledlng and Ryan
Nledlng, Is hereby appoved.
2.
From the settlement sum of Fifty Thousand and nol100 (550,000,00) Oollan, the
following ellpenses are hereby approved to be paid,
a. The fillnS fee for this action
to the Prothonotary....................................................... 545.50
b, Legal fees to the linn of
Irwin McKnight & Hughes......................................... 2,500.00
c, To Deborah Kelly for reimbursement of ellpense
of travel and lodglns for Deborah Kelly to
allend the funeral of Samuel A, Nledlns
with MeSan Nledlng and Ryan NledinS....,..""............ 1,500.00
Total Allproved I~.penll! ....,..,........54,0411.50
3.
The following sums are to be distributed by placement in separate Interest bearing
accounts from which principal may only be withdrawn by further Order of Court until each child
attains the age of eighteen (18) years.
a, Settlement Distribution to Megan Niedlng........................... $22,977.25
b, Settlement Distribution to Ryan Niedlng ............................. $22,977.25
4.
Due to the circumstances of the death of Samuel A. Niedlng. the entire settlement
proceeds will be attributed to the wrongful death claims ofthe PlalnllffslPetltloners.
By The Court:
,
I f1~
Sudge
i
F1lED-OFFICE
OF 1\'~ pr('1111")!YJW\'{
96 OCT 11 rll Z' 38 \"N"'" ~ \"""".l'lu (1l\>, \''''''..w' \
CUMLlll\IjI~J CG.\UlllY f4'o.~~' rl N"~~o.. -\.;. ~\. \~\I' Iql.>
I'El\NS'{LVN~lA
;
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MEGAN NIEDING and
RYAN NIEDlNG,
by their mother and naturallluardlan,
DEBORAH KELLY
PlalntllTlPetltloner
IIN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION. LAW
v.
.
.
I 96.57.13 CIVIL TERM
I
I AMICABLE ACTION. IN TRESPASS
SOUTHERN PACIFIC LINES and
D " RGW RAILROADS,
Defendan ulRelpondentl
lE:rITlO~ fOR LEA V~ TO COMrROf1llSE MINORS' f;LAIM
AND NOW, thll 14th day of October, \996, comes the Plalntil1lPetitioner on behalf of
MEGAN NIEDlNG and RYAN NIEDlNG, her minor children, and makel the following
petition:
I.
Megan Niedlng,ll a minor, having been born on September 6, \984, age twelve (12) and
Ryan Nledlng, II a minor, having been born on Februal}' 3, 1986, age 10,
2.
Megan Nleding and Ryan Niedlng both relide with their natural mother and lIUardian,
Deborah Keily, at 1922 Esther Drive, Carll lie, Pennsylvania 17013.
3
Purluant to Pennsylvania Rules of Civil Procedure No. 2039, the 11lalntll17Petltioner herein
desirel to Beule a wrongful death and survival actions Involvlnll the death of SAMUBL A.
NIBDINO, the natural father of Mellan Nleding and Ryan Nledlnll,
4.
Megan Nieding and Ryan Nleding were residing with their mother when their father,
Samuel A. Nieding, who resided in Lovelock, Nevada, was killed In an automobile/train comsion
at 2552 Upper Vailey Road, Lovelock, Nevada on October 22, 1995.
5,
Since October 22, 1995, Megan Niedlng and Ryan Nledlng have been without financiai
support of their father, and they have pennanently sustained the loss of their abUlty to visit their
father in Lovelock, Nevada.
6.
The automobile driven by Samuel A. Nledlng was struck by a locomotive and a train of
rail cars owned and/or operated by SOUTHERN PACIFIC LINES and D & ROW RAILROADS.
A copy of the Sheriff's report Is attached hereto and marked as Exhibit "A",
7.
The Defendants have denied liability but the parties have reached a compromise settlement
in which the Defendants have agreed to pay the sum of Fifty Thousand and no/toO ($50,000.00)
Dollars to the PlalntlfflPetitioner, A copy of the Release is attached hereto and marked as Exhibit
"B".
8,
From the proceeds the Plaintlff/Petltioner will poy the I1nn of Irwin McKnight & Hughes
the sum of Two Thousand and noli 00 (52,500.00) Dollars as well as the filing fee for this action.
9,
The PlalntlIDPetltloner approves on behalf of the minors, that the payment of Fifty
Thousand and noli 00 ($50,000.00) Dollars Is a full and final settlement of those actions which
fairly and adequately compensates the minor children for their losses,
10.
The PlalntlIDPetltloner understands that in return for the ($50,000.00) she will release the
Defendants and accept this settlement In full satisfaction of all claims. The parties agree that the
proceeds wlll be treated as wrongful death proceeds since Samuel A. Nledlng did not survive the
Impact ofthe collision.
11.
The sum of Fifty Thousand and nollOO ($50,000.00) Dollars will be distributed as
follows:
a. Attorney Fees:
Irwin McKnight & Hughes
b, Filing Fee:
Prothonotary
c. To Deborah Kelly for her expenses of attending
the funeral with the minor children
$2,500,00
45.50
$1,500,00
Total Expense
Balance to be distributed to 1)lalntllTlPetltioner
$4,045.50
$45,954,50
$22,977.25
$22,977.25
Distribution to Ryan Niedlng
Distribution to Megan Niedlng
These funds will be Invested In separate Interest bearing accounll from which principal
may only be withdrawn with the further Order of this Court, The principal and any accumulated
Interelt wlll be distributed to each child when said child attains the age of eighteen (18) years,
WHEREFORE, Plalntlft7Petltloner respectfully request that this COU!1 enter an Order
approving settlement 81 80tlMh herein.
Respectfully submitted.
IRWIN, McKNIGIIT & HUGHES
By:
Datel October I., 19116
~o.l~, K11~
bEBORAII KELL
~
'!
Tho fbrcBolng document Is based upon infonnatlon which has been gathered by my
counsel and me In the preparallon of this action, The language of the document may In pari be
the language of my counsel and not my own, I have read the statements made In this document
and to the eKlent that It is based upon Infonnallon which I have given to my counsel, it Is true and
correct to the best of my knowledge, Infonnotion and belief. To the extent that the contents of
the statements are that of counsel, I have relied upon counsel In making this verillcallon, )
understand that fiIlse statements herein made are subject to the penalties of J 8 Pa,C.SA Section
4904, relallngto unswom falslllcallon to authorities,
~J~
DEBORAH KELLY
D.lel Ottober .4, .lI116
I, Marcus A, McKnight, III, Esquire, hereby certifY that on this date a true and correct
copy of this Petition for approval of a settlement for minors was served by first class United
States mall, postage paid in Carlisle, Pennsylvania 17013, upon the following Defendant:
Larry Niccum,
Claims Representative
Southern Pacillc Lines
650 Davis Road
Salt Lake City, Utah 84119
By:
Dated: October \6, \006
,-,
(,
PERSIIlNG COUNTY SHERIFF'S OFFICE
LOVELOCK, NEVADA
OFFICER'S REPORT
PAGK 1 OF 3
CONCERNING (SUBJECT):
MOTOR VEHICLE VB. TRAIN COLLISION
LOCATION OF OCCURRENCE:
RAILROAD CROSSING AT PRIVATE DRIVEWAY TO
2552 UPPER VALLEY ROAD LOVELOCK, NV
DR: TR1096-027/C-95-372
DATB AND TIMB OF REPORT:
10-24-95 2200 HRS.
DATE OF OCCURRENCE:
10-22-95
Dil'Al.I&l
---o1f'10-22-95 AT ABOUT 1206 IIRS, 1 WAS NOTIF'lED OF A VEIIICLE VS. TRAIN
ACCIDENT AT THE ROGERS ROAD CROSSING. 1 REQUESTED DISPATCII CONTACT THE
NEVADA HIGHWAY PATROL AND ASK THEM TO RESPOND A TROOPER TO ASSIST WITH THE
ACCIDENT SCENE. AT ABOUT 1210 HRS, I LOCATED TilE VEHICLE INVOLVED LAYING
ON ITS ROOF JUST NORTH OF THE RAILROAD CROSSING AT 2552 UPPER VALLEY ROAD.
THE VEHICLE INVOLVED WAS A WHITE 196B GMC PICKUP TRUCK BEARING CALIFORNIA
LICENSE PLATE 81B15lB. THERE WERE FOUR OCCUPANTS LOCATED IN OR NEAR THE
VEHICLE, AND THEY WERE IDENTIFIED AS SAMUEL A. NIEDING, JANET K. NIEDING
(WIFE), STACEY A. BROCK (STEPDAUGHTER), AND ASHLEY D. BROCK (STEPDAUGHTER).
STACEY WAS LOCATED TIIREE FEET WEST OF THE REAR AXLE ON TilE DRIVER'S
SIDE OF TilE VEHICLE. THERE WAS MASSIVE TRAUMA EVIDENT TO THE HEAD AND
FACIAL AREAS. HER EYES WERE OPEN, AND BOTII PUPILS WERE FIXED AND DILATED
WITH NO REACTION TO STIMULI. THERE WERE NO VITAL SIGNS EVIDENT.
JANET WAS LOCATED PARTIALLY ON TOP OF TilE VEHICLE WITH HER TORSO AND
UPPER BODY LOCATED AGAINST THE PASSENGER SIDE DOOR. JANET'S SHIRT HAD BEEN
TORN OFF IN THE COLLISION AND WAS LOCATED ENTANGLED IN THE UNDERCARRIAGE OF
THE VEHICLE. THERE WAS MASSIVE TRAUMA EVIDENT TO THE HEAD, NECK AND FACIAL
AREAS. BOTH THE SHOULDERS AND COLLAR BONE APPEARED TO BE FRACTURED, AS WELL
AS THE RIGHT ARM. HER EYES WERE OPEN AND BOTH PUPILS WERE FIXED AND
DILATED WITII NO REACTION TO STIMULI. THERE WERE NO VITAL SIGNS EVIDENT.
ASHLEY WAS LOCATED INSIDE THE CAB OF THE TRUCK WITH IIER LEGS HANGING
OUTSIDE THE DRIVER'S WINDOW AND HER TORSO STILL INSIDE. THERE WAS MASSIVE
TRAUMA EVIDENT TO THE HEAD AND FACIAL AREAS. HER EYES WERE OPEN, AND BOTH
PUPILB WERE FIXED AND DILATED WITH NO REACTION TO STIMULI. THERE WERE NO
VITAL SIGNS EVIDENT.
SAM WAS LOCATED INSIDE THE CAB OF THE TRUCK, PINNED BETWEEN THE SEAT
BACK AND THE ROOF TO THE CAB. THERE WAS MASSIVE TRAUMA EVIDENT TO MOST
AREAS OF HIS BODY, AND illS LEFT ARM APPEARED TO BE SEVERED FROM HIS TORSO.
HE STILL HAD A PULSE AND WAS BREATHING. 1 CONTACTED DISPATCH AND REQUESTED
CAREFLIGHT RESPOND TO PERSHING GENERAL HOSPITAL FOR A TRANSPORT TO RENO,
SAM WAS TRANSPORTED TO PERSHING GENERAL HOSPITAL BY PERSONNEL FROM THE
LOVE LOCK VOLUNTEER FIRE DEPARTMENT. I REQUESTED OFFICER EUBANKS OF THE
LOVE LOCK POLICE DEPARTMENT RESPOND TO PERSHING GENERAL HOSPITAL TO WITNESS
A LEGAL BLOOD DRAW IN ACCORDANCE WITH STANDARD PROCEDURES. I LATER LEARNED
SAM WAS PRONOUNCED DEAD AT THE HOSPITAL BY THE A'l'TENOING PHYSICIAN.
1 REQUESTED DISPATCII CONTACT BIlERIFF SKINNER AND INFORM 111M OF WHA'f
HAtl ThAHBPlhll:D, AI>I>ITIONAL PERSONNEL FROM TilE SIlERIFF'S OFFICE RESPONDED
TO TilE SCENE TO ASSIST IN TilE INVESTIGATION,
RBPORTING OFFICER I .
/ \/,,/ \)
/ 0J.,;t-t~ 1~/;l!,f7J ill-;
MARK A. MCGARRY 1'-0
DEPUTY SHERIFF 1 DEPUTY COIlONEIl
PBRSHING COUN'I'Y 8HEIUFF'8 OFFICE
SUPERVISOR AI'I'ROVING I
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Palil by Dralt No.
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Claim No.p2.-95-9295
'.tIIl
REY,'"
FULL RELEASE OF ALL CLAIMS
For an In conllderatlon 01 a dralt In tho lum ol-Jhl~.y-!l'.tlOUSAND/I
Dollora It 50.000/1 - - - -- I. acceptonco 01 which II acknowledged, I (wol hereby UNCONDlTIONAU.Y
RELEASE and FOItEVEIt IlISCIIAItOE the ..BOll'1'IJERN-EACTFH' J.T"lES-AND-O&RGW-!tAU.ROADS-
(horelnaltor called COMPANY) and all olltl o!llcera. agonta, employoel, lurflllonl, phYllcanl and any other portlea or
Inltltutlonlln any way connected with Ita aorvlco or allalre.lrom any ond AU.clalma. domanda and cauaoaol action lor
monoy and lor damafllla. 01 every kind and olwhataoover nature or bOlla, known BI woll BI unknown and unanticipated,
which I (we) have or ever could R8lert, In ony woy arrlllng out 01, or In any way related to an occldont which occurred
at or neor LOIlELOC!t,JIEV ADA , on or about ..cemBRR" :7.:7. , 19.95_, coualng the ImATII (deatha) 01
SAM N!!HUtiG and varloul other loaaoa. damofllla and oxponaoa,
Said draltla accepted voluntarily and Irrevocably by me(ua) In .'U1.I.. .'INAI. COMPROMISE SETTLEMENT,
aatlafactlon and dllchargo of AI.I. clalma, domagoa. InjurleR and 10110a which hovo rOlultod from BRld acc1dont, R8 well
R8 ALl. clalml, damagea.lnjurlelond loaloa which AT ANYTIME IIEItEA....lm may arlao or In any woy reault from
aald accldont. Including ANY and ALL clalml which I (wol do not know or aUlpectto exlatln my (our) favor at tho
tlmo of my lour) oxecutlon of thlalteloaae. which tr Ilwe) did know would have materially affectod my lour)aettlemont
with COMI'ANY.
To obtain tbla COMPItOMISE SE1'TI.EMF.NT, I (wo) worrantto aald COMPANY thatllwo) am larel of legal
ago, and fully undorltand that thla la 0 COMPI.F.TF. and FINAL ItELEASE In fulli and I (wol fully undoretand and
agree thotthe aettlement lum above mentioned la AU. that ever will be paid 011 account 01 tho accident mentioned,
and that I lwei RELY WIIOLLY UPON MY (OURI OWN INDEPENDENT OPINION and judgment aalo tha nature,
oxtent and duration 01 the Injurlea and damafllla, and that NO REPIIESENTATIONS or ASSEItTATIONS about them
by COMPANY'S atlornoya, docUlra, employeea. nuraoa. oflllnta or any othor perlonl connected with Ita BOrvice or affalrl,
have In any Way lnnuenced or Induced me (ullto make thla FULl. AND FINAL COMPROMISE SE1'TLEMENT,
Thla FULl, AND FINAL RELEASE OF ALl. CLAIMS truthfully aeta forth tho entlro underatandlng and the COM.
PLET.] AOREEMENT between me (uII and the partlel releaaed, and It la Ipeclrlcally agreed that the term a harl'ol
are contractuol and nntmara recital.
It la agreed that COMPANY denlol any liability lor the occldont or Ita conlequoncea. and la making the above
poymont aolely In COMPltOMI8E SE1'TLEMENT 01 doubtlul and dllputed clalma. Said payment la NOT to be
regordod aR on admlnlon by COMPANY of ony liability or lault. IIWE) UNIlEIISTAND FULI.Y TIIAT TillS IS
ALl. TIlE MONEY I (WEI WILL EVER RECEIVE FOR TillS ACCIDENT.
I (W.~) HAVE CAnEI~ULLY IUMD THIS I~INAL HI~LlMSE OJ~ ALL CLAIMS
AND FULLY UNDlmS1'AND I'I~
SIGNEIl AT _ CARJ.lBI.B
_~!.Y , IO_~~._.
l'I!N~8YJ,VANI~_, on tbla 1911\
day of
SWORN TO ^NIl SUnSCRIOKIl arn~^ ~~,~I~~~,t~"t.iC
IIBFORH HE 11118 19111 nAY (;:f!"" n,<{"C",11IlI1.1IuC...tty
OF .JUI.Y 1996. I.,: ("""",,,,,,, r.,,""',IJo,) Ir., Iflo.J6
t kiitj;;POiifqNdiul\^,W1ii~1MflI
~t~~~~BI~f~
~T^RU 1'11111.\ r.
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PEnnn: KELLY FOR HERSELF AND AS
NATURAL PARENT AND GUARDIAN
AD-.I.l DUH...{}F-HEGAN-AND-RYANT
NIl! DING l'lINpns 1922 1l811IBR "RIVB
I lWEI II I\'v I'. 1 '.An ''\~hUIN.~]':~X'l't'ffll'3
TilE FlllIlWlllNll 111':1.10:,\/0;)0: ANII
,\('I<NO\\'I.Io:I)(IE 1'1' '1'0 liE ,\ FIII.I. ANII
FINAl. II I,: 1.I.:MiE clio' AI.I.C'I.AI~lH Allll"I':
m:N'I'IONIW,