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HomeMy WebLinkAbout97-04925 Ct i'.~ 'fA , , ..(~ \--; I,"; n ~:..:. " ~""'" -J' .; ,-" ~ f' (}'.: '" ~' (~.: ' ~ r"I r.. i:. , " r=' r"I U.I.... ','. ~ . I' ~ f" G.!l. C:. <,) ~ , ~:, I.. v. ;;'.11 - t, .l. (.J ,.... . .~ u' ..\ ~ ~i~~ @ (..:' ~ R ~ Iii Hllal ~lj~!J~ Z Oil. ~ C r I' ~ 8 I ~ . - I-~ C , ' " , " : 'I .' , " " " ' .. I, , , RICHARD DINSMORE, as parent and natural guardian of BRENTON DINSMORE, a minor, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant No. 97-4925 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 1997, upon consideration of the Petition of Richard Dinsmore, Parent and Natural Guardian of Brenton Dinsmore, a minor, and after a hearing thereon, it is hereby ordered and decreed that the minor's compromise between Respondent, state Farm Mutual Automobile Insurance company, and Petitioner, on behalf of the minor, is approved. petitioner is authorized to execute a release in favor of Respondent in the form attached to petitioner's petition as Exhibit D. The proceeds from this settlement shall be deposited in an account in a banK or other institution authorized under the Pennsylvania Rules of Civil Procedure in the name of Brenton Dinsmore, said account to be federally insured in accordance with the Rules of civil Procedure, and the account shall contain the notation that no withdrawals can be made from this account until the minor attains his majority. prompt proof ot the deposit provided for herein shall be tiled ot record with the Court. \~ , . transact busine.. in the Commonwealth ot Pennsylvania, with an otfice at 115 Limekiln Road, Post ottice Box 257, New Cumberland, Pennsylvania 17070-0257. 4. This Petition is filfld as a result of injuries sustained by the Minor in a two vehicle head on collision which occurred February 3, 1995, on Old York Road in Fairview Township, Pennsylvania. 5. At that time, Minor was a backseat passenger in the vehicle operated by his mother, Catherine Dinsmore. The Minor's brother and father were also passengers in the vehicle. 6. As a result of the accident, Minor sustained a 20 em V-Shaped laceration across his forehead. 7. Minor was taken to York Hospital, where he was evaluated and admitted. A copy of a History & Physical Examination report taken at York Hospital upon admission is attached hereto, incorporated herein by reference and labeled as Exhibit 'A'. 8. Under general anesthesia, the Minor's tacial laceration wall repaired by Dr. Arthur M. Calabretta at York Hospital. A copy ot the Operative Report ot the same is attached hereto, incorporated herein by reference and labeled as Exhibit '8". 9. Minor was Ioorn on August 22, 1984, and 18 now 13 years of age. - 2 - , .' 10. At the time ot the accident, Minor was under the majority care, custodianship and control ot Petitioner. 11. Medical bills to date total approximately $9,590.00, which have been reimbursed by state Farm as Petitioner's tirst party insurance carrier. 12. Petitioner has settled the claim against the tortteasor's insurance company, Allstate. As a result of that settlement, Minor received $37,500.00, which along with the other funds allocated to family members, represents the policy limits of Allstate. A copy of Judge Bayley's March 31, 1997, Order approving the settlement is attached hereto, incorporated herein by reference and marked as Exhibit "C". 13. Petitioner's insurance carrier, state Farm, has offered to compromise the under insured motorist claim against state Farm in the amount of $30,000.00, which amount represents policy Umi ts . 14. Petitioner believes that this compromise with State Farm is fair and in the best interest of the Minor. 15. State Farm requests that Petitioner give a Rolease in the torm attached hereto as Exhibit "0". WHEREFORE, Petitioner, Richard Dinsmore, parent and natural guardian ot Brenton Dinsmore, prays this Honorable Court to -t. 3. .,. .' ExIllbII A "'" ~ .....- ~ ( , ' 1 i ,. YORJt HOSPITAL YORK, PBNNSYLVANIA 17405 DINSMORE, BRENTON - 3108A ,*000-43-1798 Admitted: 2/3/95 Jonathan E. Rhoads, Jr" M.D. HISTORY & PHYSICAL EXAMINATION SOURCE OF INFORMATION: Mother, child a,nd Emergency Medical Service. HISTORY OF PRESENT ILLNESS This is a 10-year-old white male back seat lap belted passenger of a van involved in a head-on collision with another vehicle. The child was sitting in the back, apparently was thrown forward striking his head on a metal handle bar. There was loss of consciousness. The patient was alert but sleepy on arrival of Emergency Medical Service and stable during transport. PAST MEDICAL HISTORY ALLERGIES: No known allergies. . MEDICATIONS: None. Mother does not know last tetanus, however, the child had a recent facial laceration repair, currently on no medication and otherwise no medical problem. PHYSICAL EXAMINATION Vital. Signs - temperature is 98.3, blood pressure 130/90, pulse 102, --respirations 18, 99 percent saturation. General - the child is alert and oriented times three, in no acute respiratory distress, complaining of feeling tired. Glasgow com score of 15. Head, Eyes, Ears, Nose & Throat - a deep full-thickness 20 meter laceration, V-shaped across his forehead extending into his left eyelid and eyebrow. There is no bony deformity palpated, bleeding controlled. Extraocular movements are intact. Pupils equal, round and reactive to light and accommodation. Ther~ is no diplopia upon upward gaze. Tympanic membranes are cleat bilaterally. Occlusion is good. Neck. nontender to palpation, no other obvious soft tissue injury, Chest nontender to palpation, clear to auscultation bilaterally. Heart. regular rate and rhythm without murmur. - Exhibit B " , , , exhibit C (.) I, I' ," , ALLSTATE INSURANCE COMPANY, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ,. v, RICHARD B, DINSMORE and CATHERINE ANN DINSMORE, Individually and as parents and natural guardians of BRENTON DINSMORE, a minor, DUSTIN DINSMORE, a minor and KRISTINE S, TROUTMAN, RESPONDENTS 96.6057 EQUITY TERM IN RE: MINORS' SETTLEMENT ORDER OF COURT HARRISBURG APR 07 1997 AND NOW, this 31st day of March, 1997, following a hearing on the merits, IT IS ORDERED: (1) Settlement of the claims of all respondents against the tortfeasor Kristine Troutman and her insurer Allstate Insurance Company for the insurance limit of $100,000, IS APPROVED, (2) Richard B, Dinsmo/e and Catherine Ann Dinsmore, individually and as parents and natural guardians of their children are authorized to enter Into a release and to settle and satisfy the docket based on this settlement. (3) Distribution of the total proceeds of $100,000 shall be as follows: (a) Richard 8, Dinsmore $25,000 (b) Catherine Ann Dinsmore $25,000 (c) Brenton Dinsmore $37,500 (d) Dustin Dinsmore $12,500 (4) The Prothonotary is authorized and dirtlcted to distribute the $100,000 he Exhltl~ 0 FUIJIJ AND FINAIJ REIJEASE FOR AND IN CONSIDERATION of the sum of Thirty Thousand Dollars ($30,000.00) paid to the undersigned, Richard Dinsmore, ("Mr. Dinsmore"), as parent and natural guardian of Brenton Dinsmore, a minor ("Brenton"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in accordance with the Order of the Honorable Judge of the Court of Common Pleas of Cumberland County, dated 1997, and entered pursuant to a Minor's Compromise hearing held on said date, the undersigned agrees fully to release, discharge and hold harmless and indemnify state Farm Mutual Automobile Insurance Company ("state Farm"), its heirs, executors, administrators, agents, servants and attorneys from any or all causes of action, claims and demands of whatsoever kind on account of all known and unknown injuries, losses and damages allegedly sustained by the undersigned on February 3, 1995, and, specifically, from any claims, or joinders, for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with injuries sustained by Brenton, and on account of which a Legal Action was instituted by the undersigned in the Court of Common Pleas, Cumberland County, Pennsylvania, at Civil Docket Number 1997 - 4925, and the defense and handling thereof from the inception ot Page 1 ot 4 the olaim until the date of this full and final Release. The undersigned understands and agrees that the acceptanoe of said sum is not an admission of liability by any party named herein. It is expressly understood and agreed that this Release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any further injuries, loases and damages which arise from or are related to the oocurrences set forth in the Legal Aotion noted above and the handling and defense thereof. It is further understood and agreed that the undersigned reserves the right to pursue any claim he may have against every other person and reserves the right to make claim that they, and not Releasee herein, are solely liable to the undersigned for her injuries, losses and damages. The liability of any and all other tortfeasors other than Releasee is not extinguished by this Release and the undersigned specifioally reserves all claims or causes of action arising out of the above mentioned incident against any and all other tortfeasors. Should it appear that two or more persons or entities are jointly or severally liable for the said injuries resulting from or arising out of the said incident, the consideration foX" this Release shall be reoeived in oomplete satisfaotion of the full extent of the fault of the said Releasee, whether proportional],y Page 2 of 4 allocated or total, as ultimately determined under the law and tor which the said Releasee is ultimately tound liable. The undersigned agrees to hold harmless and indemnify the said Releasee from any loss, claim or liability arising out of any claim against them or either of them tor contribution by any alleged joint tortfeasor under the Uniform contribution Tortfeasor's Act of the Commonwealth of Pennsylvania. It is further understood and agreed that this is the complete Release agreement and that there are no written or oral understandings or agreements, directly or indirectly connected with this Release and settlement that are not incorporated herein. This agreement shall be binding upon and enure to the successors, aasigns, heirs, executors, administrators and legal representatives of the respective parties hereto. The undersigned hereby declares and warrants that he is of legal age; that he is the natural parent and guardian and has legal and physical custody of Brenton Dinsmore, a Minor; that the terms of this settlement have beon completely read, that he has discussed the terms of this lIottlement with legal counsel ot choice; and said terms are fully understood and voluntarily accepted tor this purpose of making a full and final compromise, adjustment and settlement of any and all claims on account ot the injuries and damages above mentioned. Page 3 ot 4 " " " " ., " , , ., ?<; .:\' .... , , _,' r.. , i;" t.~~ {',; n ('J '{,J , Bl;' ." l,t -'.1 1_'\ I... "<1 , ~~'::~ l' ' ',l'\ :,(,,1 L.''''< N i;r!;, (.~i r!! C", ..' IJ,) '...' (\... ,..: Ii' ,,: t; ';; a " " I; \ ' ,,',1 ~ . ',' "