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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'3 CD
PENNSYLVANIA
NINTH JUDICIAL DISTRICT OF PENNSYLVA*g ?„ CD-n
, a Fri
IN RE: MARK AND STEPHANIE WATSON CIVIL DIVISION
Parents and Natural Guardians of
ALEXANDER WATSON, a Minor Term, 2012
No.: /a -1j% 0 v i t
PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION
To the Prothonotary of the Court of Common Pleas of Cumberland County and to the Honorable
Judges of Said Court:
The Petition of Mark and Stephanie Watson, Parents and Natural Guardians of Alexander
Watson, a Minor, respectfully represents:
1. Mark and Stephanie Watson are the Parents and Natural Guardians of Alexander
Watson, a Minor, age 8. On March 8, 2012, Alexander Watson and his parents were
guests at the Red Lobster Restaurant at 4711 Carlisle Pike, Mechanicsburg,
Cumberland County, Pennsylvania, 17050. Alexander Watson is allergic to eggs and
he was served ice cream that contains eggs. Alexander Watson suffered an allergic
reaction to the eggs at the restaurant and he was administered epinephrine by his
mother, Stephanie Watson. Alexander was taken to a hospital, where he was
examined and treated and released.
2. Alexander Watson has made a full recovery from the allergic reaction to eggs he
suffered at the Red Lobster Restaurant on March 8, 2012.
3. Mark and Stephanie Watson, by their attorney, Ira H. Weinstock, Esquire have
negotiated a settlement of their son, Alexander Watson's claim with the Liberty
Mutual Insurance Company, the liability insurance company for GMR Restaurants of
Pennsylvania, LLC d/b/a Red Lobster in the sum of $5,000.00. Mark and Stephanie
Watson are satisfied that the sum of $5,000.00, less 25 percent of that sum for
165.15 PA A'n-c
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attorney's fees is a fair and reasonable sum to settlement claim of their son, Alexander
Watson, a Minor. A true and correct copy of the Release and Indemnity Agreement
signed by Mark and Stephanie Watson on behalf of their minor son, Alexander
Watson is attached and marked Exhibit "1."
4. After Mark and Stephanie Watson and their attorney, Ira H. Weinstock, Esquire
negotiated the settlement of the claim of the minor, Alexander Watson, Liberty
Mutual retained Marshall, Dennehey, Warner, Coleman & Goggin to prepare and
present this Petition to this Honorable Court to approve the settlement of the claim of
Alexander Watson, a Minor.
5. Mark and Stephanie Watson agree that the fee of Ira H. Weinstock, Esquire and Ira H.
Weinstock, P.C. for representation of their son, Alexander Watson for his claim is 25
percent of the $5,000.00 settlement, being $1,250.00 and further agree that the fee is
fair and reasonable.
6. All fees and costs of Marshall, Dennehey, Warner, Coleman & Goggin regarding the
preparation of this Petition and any costs associated with filing this Petition and
presenting this Petition will be paid by the Liberty Mutual Insurance Company.
WHEREFORE, this Honorable Court is requested to approve this Petition and enter an
appropriate Order.
Respectfully submitted,
IRA A. WEINSTOCK, P.C.
BY: `
Ira H. Weinstock, Esquire
Attorney for Alexander Watson, a Minor,
and Mark and Stephanie Watson, his Parents
and Natural Guardians
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGG
BY:
Jan)of A. Bo cowski, Esquire
Attorney for GMR Restaurants of
Pennsylvania, LLC and d/b/a Red Lobster and
Liberty Mutual Insurance Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
IN RE: MARK AND STEPHANIE WATSON CIVIL DIVISION
Parents and Natural Guardians of
ALEXANDER WATSON, a Minor Term, 2012
No..
AFFIDAVIT OF MARK AND STEPHANIE WATSON, PARENTS AND NATURAL
GUARDIANS OF ALEXANDER WATSON, A MINOR
Mark and Stephanie Watson state that they are the Parents and Natural Guardians of
Alexander Watson, a Minor, and that the settlement of Alexander Watson's claim against the Red
Lobster Restaurant in Mechanicburg, Cumberland County, Pennsylvania and its parent company,
GMR Restaurants of Pennsylvania, LLC, d/b/a Red Lobster (Red Lobster, resulting from
injuries sustained by Alexander Watson on March 8, 2012 prevents any other recovery against
the Red Lobster and the Liberty Mutual Insurance Company.
Mark and Stephanie Watson understand that if this Honorable Court approves the Petition
for Leave to Compromise Minor's Claim that their son, Alexander Watson's claim will be settled
for the total sum of $5,000.00, less $1,250.00 for attorney's fees, being a net sum of $3,750.00.
Alexander Watson is no longer getting medical treatment for his injuries sustained in the
incident of March 8, 2012 at the Red Lobster Restaurant in Mechanicsburg, Cumberland County,
Pennsylvania.
Mark and Stephanie Watson understand that the settlement of the claim of their son,
Alexander Watson requires that the net sum of $3,750.00 be placed in a federally insured savings
account, or federally insured savings certificate or credit union account to be marked "not to be
withdrawn until said minor, Alexander Watson reaches the age of 18 or without an Order of a
Court of competent jurisdiction."
BY: G V?
MARK WATSON, Father and
Natural Guardian of ALEXANDER
WATSON, a Minor
BY:
STE IE WATS N, Mother and
Natural Guardian of ALEXANDER
WATSON, a Minor
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RELEASE AND INDEMNITY AGREEMENT
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Know all mcn by these present, that Uwe, the undersigned, parent, guaridlan and next friend of Alexander Watson a minor of K yea"
of age. ('or the sole consideration of Five-thousand Dollars inclusive of all liens and any outstanding medical paid by LIBERTY
pit 'RML dtw for myxelflourselves and as parent, next friend, guardian of said minor forever release, acquit and discharge the said
Ttcd Lobster & Darden INC & Liberty Mutual Group from any and all liability, claims demands, actions and causes of action which
I/wc. or nly./our representatives may have either before or aRer hefshe has reached his/her majority, by reason of an accident which
o,;curred an or about the 8 day of March, 2012.
As Iurtimr consitictation for payment of the said svxn, I/we hereby agree to indemnify and sate harmless the said Red Lobster &
Darden INC& Liberty .Mutual Group against sny and all further claims for damages- costs and expenses, by or on behal(Of said
minor arising, out of the above-mentioned accident.
It is t'urthcr understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that this payment is
not tit he constniccl a$ an admission of liability on the part of said parties by whom liability is expressly denied.
1 We liliYhcr state that 11"We have carefully read the foregoing release and know the contents thereof, and l/we sign the same as
my%vvr own free act.
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or
settement of claim containing any materially faise infatmatioet or conceals ft the purpose of misleading, information concerning
any tact material thereto commits a fraudulent insut"ante act, which is a crime and subjects such person to criminal and civil
Ixnaltie.
IN WITNESS WHEREOF, I/we have set my/our hand and seal this
dayaf at+.6Er zoo
WITNESS: You are making final settlement.
This is a release: Read before signing
Nullw: ' 46 ?B?t\ signature, 7 +wA,Yt,-?
Address: , rr tr'w Q?`t, #arr b?,rf, '?4
Name;:
Address: _' {pStsi. kr? tlr. Y„r it.1 PA 17370
Address:
Address: Jib tk• r br Yet y, M...w, PA 173 7?
Name(s): Urk 2eJe 4466, u1.,'nOA
*MUA Be Signed ply Both Parents If Married