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Filing # 66278036 E-Filed 01/09/2018 10:43:48 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL
CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA
KIM BICE and SHAWN BICE as parents and
natural guardians of a: minor,
Plaintiffs,
-v- CASE NO.: — 16-133-CA
CAROLYN JOHNSON d/b/a JOHNSON RENTALS,
individually, and DUCKY JOHNSON HOUSE
MOVERS, INC., a Florida corporation
Defendants.
/
UNOPPOSED MOTION FOR APPROVAL OF SETTLEMENT
Plaintiffs, Kim Bice and Shawn Bice, as parents and natural guardians ii”! a
minor, move for authority to compromise and settle this lawsuit on behalf of their son and show:
1. Plaintiffs’ ward has a claim against Carolyn Johnson d/b/a Johnson Rentals and
Ducky Johnson House Movers, Inc., based on the following facts: On or about December 7,
2013, Plaintiffs allege sutterea personal injuries when he was burned by a paint can,
previously concealed within an area of charred dirt and debris in the backyard of the house his
parents rented from the Defendants. Plaintiffs allege the paint can exploded upon heating after
they started a small campfire in the area of charred dirt and debris. Plaintiffs alleged that Ducky
Johnson House Movers, Inc., Inc failed to properly inspect the premises prior to renting the
property to Plaintiff, nor did it warn Plaintiff of the presence of the flammable materials
concealed in the backyard. Defendants denied Plaintiffs allegations and affirmatively alleged that
they violated no duty owed the Plaintiffs’ ward, had no knowledge of the existence of a
concealed paint can in the backyard nor would a reasonable inspection have produced such
Electronically Filed Jackson Case # 16000133CAAXMX 01/09/2018 09:43:48 AMknowledge, that they had no role in starting the campfire that made the paint can explode, and
Plaintiff's ward’s injuries were the sole result of the negligence of the ward himself and/or the
Plaintiffs, his parents, who started the fire and were charged with his supervision.
2. Plaintiffs are informed and believe, and on that information and belief allege that
Plaintiffs’ ward has suffered the following injuries as a result of that accident {A
suffered first and second-degree burns, and has been left with minor scarring on his arm.
3. Plaintiffs have made a careful and diligent inquiry to ascertain the facts relating to
the accident, including formulating any and all liability arguments, reviewing numerous exhibits
and photographs, obtaining all pertinent medical records, and determining the nature and extent
of the damages to Plaintiffs’ ward. Plaintiffs fully understand that, if the compromise proposed
by this motion is approved by the Court and is consummated, Plaintiffs’ ward will be forever
barred and prevented from seeking any further recovery if the damages to Plaintiffs’ ward prove
to be more than they are now thought to be.
4. By way of settlement, the insurance company(s) for Carolyn Johnson and Ducky
Johnson House Movers, Inc. have agreed to pay $15,000.00 in consideration of the execution of
a Release. Plaintiffs recommend this compromise agreement to the Court as being fair,
reasonable, and in the best interest of Plaintiffs’ ward.
5. Plaintiffs believe that the proposed settlement is in the best interest of the child.
6. No guardianship of the property or guardian ad litem is required under Florida
Statutes. See Section 744.301(b), Florida Statutes, Section 744.387(2), Florida Statutes and
Section 744.3025(1)(a), Florida Statutes. Under the proposed settlement agreement, the $318.55
in net settlement funds to the minor child will be allocated as follows (in accordance with the
Distribution Statement attached hereto as Exhibit “A”):a. $318.55 will be distributed to the Plaintiffs for the benefit of their son, ||
|| The undersigned represent to the Court that this distribution is in the best interest of the
child and the best way to safeguard the limited net settlement proceeds. The Plaintiffs’ ward
resides with the Plaintiffs. The undersigned represent that the Plaintiffs are more than capable of
utilizing these funds in the best interest of their son. Even more, had this result been obtained
prior to the commencement of litigation, Court approval would not even have been necessary.
See Sections 744,301(2) and 744.387(3)(a), Florida Statutes,
8. A copy of this Motion has been served on all interested parties and there is no
objection to it by any party.
9. Therefore, Plaintiffs request this Honorable Court summarily enter an Order
approving the proposed settlement and enter an Order on the following matters:
a. Approving the settlement of the minor’s tort claim;
b. Authorizing the Plaintiffs to execute such instruments, documents, and releases as
may be necessary to effectuate the settlement;
c. Approving the payment of contractual attorneys’ fees, costs, medical bills and
liens as set forth in the Distribution Statement;
WHEREFORE, Plaintiff requests that this Court enter an order approving the
settlement, the proposed Distribution Statement, the attorneys’ fees and costs, and the
distribution of the settlement proceeds, and such further and consistent relief this Court deems
just and proper.
Respectfully submitted the 9" day of January, 2018.
SCOTT & WALLACE LLP
/s/ Robert M. Scott
Robert M. ScottFlorida Bar No. 57149
J. Clint Wallace
Florida Bar No. 59590
209 E. Brevard Street
Tallahassee, Florida 32301
Telephone: (850) 222-7777
Facsimile: (850) 222-7778
rscott(@scottandwallacelaw.com
cwallace@scottandwallacelaw.com
Attorneys for Kim and Shawn Bice as natural guardians of
a minor, the Plaintiff
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing has been e-served on Valerie P. Dray at
Valerie.dray@esklegal.com and tracey.nicolai@esklegal.com, and on Clifford W. Sanborn at
csanborn@barronredding.com, sbell@barronredding.com and eseryice@barronredding.com
utilizing the eservice portal on January 9, 2018.
/s/ Robert M. Scott
Robert M. ScottEXHIBIT “A”
SETTLEMENT STATEMENT
BEE 2 ino:
December 7, 2014
Description Amount
TOTAL SETTLEMENT
$15,000.00
LEGAL FEES
Legal Fees (40% of Settlement) -$6,000.00
Scott & Wallace LLP $4,500.00
Roy Allman, Esq. $1,500.00
LIENS
Florida Dept. of Health — Children’s Medical Services -$5,951.78
EXPENSES
Date Paid Item Expense Credit Balance
a Opening balance wee $ -
2/10/16 Certified Mail $ 3.94 $ 3.94
3/5/16 Jackson Hospital Med Recs S$ 24.57 S$ 28.51
3/18/16 Shands Med Recs S$ 380.34 S$ 408.85
3/25/16 Shands Billing Recs s 5.06 s 413.91
4/28/16 Postage- demand s 12.00 s 425.915/20/16 Jackson Hospital Med Recs S$ 15.00 $ 440.91
6/20/16 Court filing fee $ 423.00 S$ 863.91
6/30/16 — Panhandle Process Service $ 135.00 S$ 998.91
11/10/16 Fuel for depositions in Marianna $ 55.03 S$ 1,053.94
12/8/16 Deposition transcripts $ 219.50 S$ 1,273.44
3/13/17 __ Bill Hudson Video- Depo Rebecca Wagner and Nicole Johnson § 417.20 S$ 1,690.64
3/29/17 Court Reporter for Johnson and Wagner S$ 756.98 S$ 2,447.62
4/18/17 Transcript of Taylor Bice depo $ 60.20 $ 2,507.82
10/4/17 Econo Lodge for 10/3 mediation § 153.88 § 2,661.70
9/27/17 — Medical Records - UF Health Physicians $ 4.00 § 2,665.70
10/3/17 Gas - Mediation $ 63.97 S$ 2,729.67
Total Expenses -$2,729.67
CLIENT DISTRIBUTION $ 318.55
Kim Bice, parent of Taylor Bice Date
Robert Scott Date
Clint Wallace
SCOTT & WALLACE LLP
By signing this settlement statement, client hereby acknowledges receipt of client’s net
settlement proceeds. By signing this settlement statement, client hereby acknowledges that
client has had an opportunity to review this statement, to inquire about any and all fees, costs,
liens, or any other items represented on the statement, and the above statement completely
and accurately reflects the distribution of the client’s settlement funds. Specifically, clientattests that the above lienholders represent the only lienholders disclosed to Scott & Wallace
LLP and are the only potential lienholders in this matter. Client further attests that these funds
are properly distributed directly to client and client is not engaged in any bankruptcy
proceeding(s), client does not owe nor does client believe he/she may owe any back child
support, and client has not advised Scott & Wallace LLP of any other potential party who may
have a superior right to client’s net settlement proceeds. Client hereby acknowledges that
payment of any and all outstanding balances for medical treatment, liens, or related expenses
obtained as a result of injuries sustained in this accident is the sole responsibility of the client,
as are any other financial obligations that may be related to the subject accident and
settlement regardless of when they were or may be incurred. Finally, client has been instructed
that only a copy of the employment agreement signed by client to retain Scott & Wallace LLP
for the matter herein concerned and a copy of the executed distribution statement will be
retained by Scott & Wallace LLP. Client has been informed that all other file materials will be
destroyed upon execution of this distribution statement. By signing this statement, client
acknowledges that client was given an opportunity to inspect or otherwise take possession of
any file materials and that Scott & Wallace LLP will be destroying all other file materials not
taken by client.
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Filing # 66278036 E-Filed 01/09/2018 10:43:48 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA KIM BICE and SHAWN BICE as parents and natural guardians of a: minor, Plaintiffs, -v- CASE NO.: — 16-133-CA CAROLYN JOHNSON d/b/a JOHNSON RENTALS, individually, and DUCKY JOHNSON HOUSE MOVERS, INC., a Florida corporation Defendants. / UNOPPOSED MOTION FOR APPROVAL OF SETTLEMENT Plaintiffs, Kim Bice and Shawn Bice, as parents and natural guardians ii”! a minor, move for authority to compromise and settle this lawsuit on behalf of their son and show: 1. Plaintiffs’ ward has a claim against Carolyn Johnson d/b/a Johnson Rentals and Ducky Johnson House Movers, Inc., based on the following facts: On or about December 7, 2013, Plaintiffs allege sutterea personal injuries when he was burned by a paint can, previously concealed within an area of charred dirt and debris in the backyard of the house his parents rented from the Defendants. Plaintiffs allege the paint can exploded upon heating after they started a small campfire in the area of charred dirt and debris. Plaintiffs alleged that Ducky Johnson House Movers, Inc., Inc failed to properly inspect the premises prior to renting the property to Plaintiff, nor did it warn Plaintiff of the presence of the flammable materials concealed in the backyard. Defendants denied Plaintiffs allegations and affirmatively alleged that they violated no duty owed the Plaintiffs’ ward, had no knowledge of the existence of a concealed paint can in the backyard nor would a reasonable inspection have produced such Electronically Filed Jackson Case # 16000133CAAXMX 01/09/2018 09:43:48 AMknowledge, that they had no role in starting the campfire that made the paint can explode, and Plaintiff's ward’s injuries were the sole result of the negligence of the ward himself and/or the Plaintiffs, his parents, who started the fire and were charged with his supervision. 2. Plaintiffs are informed and believe, and on that information and belief allege that Plaintiffs’ ward has suffered the following injuries as a result of that accident {A suffered first and second-degree burns, and has been left with minor scarring on his arm. 3. Plaintiffs have made a careful and diligent inquiry to ascertain the facts relating to the accident, including formulating any and all liability arguments, reviewing numerous exhibits and photographs, obtaining all pertinent medical records, and determining the nature and extent of the damages to Plaintiffs’ ward. Plaintiffs fully understand that, if the compromise proposed by this motion is approved by the Court and is consummated, Plaintiffs’ ward will be forever barred and prevented from seeking any further recovery if the damages to Plaintiffs’ ward prove to be more than they are now thought to be. 4. By way of settlement, the insurance company(s) for Carolyn Johnson and Ducky Johnson House Movers, Inc. have agreed to pay $15,000.00 in consideration of the execution of a Release. Plaintiffs recommend this compromise agreement to the Court as being fair, reasonable, and in the best interest of Plaintiffs’ ward. 5. Plaintiffs believe that the proposed settlement is in the best interest of the child. 6. No guardianship of the property or guardian ad litem is required under Florida Statutes. See Section 744.301(b), Florida Statutes, Section 744.387(2), Florida Statutes and Section 744.3025(1)(a), Florida Statutes. Under the proposed settlement agreement, the $318.55 in net settlement funds to the minor child will be allocated as follows (in accordance with the Distribution Statement attached hereto as Exhibit “A”):a. $318.55 will be distributed to the Plaintiffs for the benefit of their son, || || The undersigned represent to the Court that this distribution is in the best interest of the child and the best way to safeguard the limited net settlement proceeds. The Plaintiffs’ ward resides with the Plaintiffs. The undersigned represent that the Plaintiffs are more than capable of utilizing these funds in the best interest of their son. Even more, had this result been obtained prior to the commencement of litigation, Court approval would not even have been necessary. See Sections 744,301(2) and 744.387(3)(a), Florida Statutes, 8. A copy of this Motion has been served on all interested parties and there is no objection to it by any party. 9. Therefore, Plaintiffs request this Honorable Court summarily enter an Order approving the proposed settlement and enter an Order on the following matters: a. Approving the settlement of the minor’s tort claim; b. Authorizing the Plaintiffs to execute such instruments, documents, and releases as may be necessary to effectuate the settlement; c. Approving the payment of contractual attorneys’ fees, costs, medical bills and liens as set forth in the Distribution Statement; WHEREFORE, Plaintiff requests that this Court enter an order approving the settlement, the proposed Distribution Statement, the attorneys’ fees and costs, and the distribution of the settlement proceeds, and such further and consistent relief this Court deems just and proper. Respectfully submitted the 9" day of January, 2018. SCOTT & WALLACE LLP /s/ Robert M. Scott Robert M. ScottFlorida Bar No. 57149 J. Clint Wallace Florida Bar No. 59590 209 E. Brevard Street Tallahassee, Florida 32301 Telephone: (850) 222-7777 Facsimile: (850) 222-7778 rscott(@scottandwallacelaw.com cwallace@scottandwallacelaw.com Attorneys for Kim and Shawn Bice as natural guardians of a minor, the Plaintiff CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been e-served on Valerie P. Dray at Valerie.dray@esklegal.com and tracey.nicolai@esklegal.com, and on Clifford W. Sanborn at csanborn@barronredding.com, sbell@barronredding.com and eseryice@barronredding.com utilizing the eservice portal on January 9, 2018. /s/ Robert M. Scott Robert M. ScottEXHIBIT “A” SETTLEMENT STATEMENT BEE 2 ino: December 7, 2014 Description Amount TOTAL SETTLEMENT $15,000.00 LEGAL FEES Legal Fees (40% of Settlement) -$6,000.00 Scott & Wallace LLP $4,500.00 Roy Allman, Esq. $1,500.00 LIENS Florida Dept. of Health — Children’s Medical Services -$5,951.78 EXPENSES Date Paid Item Expense Credit Balance a Opening balance wee $ - 2/10/16 Certified Mail $ 3.94 $ 3.94 3/5/16 Jackson Hospital Med Recs S$ 24.57 S$ 28.51 3/18/16 Shands Med Recs S$ 380.34 S$ 408.85 3/25/16 Shands Billing Recs s 5.06 s 413.91 4/28/16 Postage- demand s 12.00 s 425.915/20/16 Jackson Hospital Med Recs S$ 15.00 $ 440.91 6/20/16 Court filing fee $ 423.00 S$ 863.91 6/30/16 — Panhandle Process Service $ 135.00 S$ 998.91 11/10/16 Fuel for depositions in Marianna $ 55.03 S$ 1,053.94 12/8/16 Deposition transcripts $ 219.50 S$ 1,273.44 3/13/17 __ Bill Hudson Video- Depo Rebecca Wagner and Nicole Johnson § 417.20 S$ 1,690.64 3/29/17 Court Reporter for Johnson and Wagner S$ 756.98 S$ 2,447.62 4/18/17 Transcript of Taylor Bice depo $ 60.20 $ 2,507.82 10/4/17 Econo Lodge for 10/3 mediation § 153.88 § 2,661.70 9/27/17 — Medical Records - UF Health Physicians $ 4.00 § 2,665.70 10/3/17 Gas - Mediation $ 63.97 S$ 2,729.67 Total Expenses -$2,729.67 CLIENT DISTRIBUTION $ 318.55 Kim Bice, parent of Taylor Bice Date Robert Scott Date Clint Wallace SCOTT & WALLACE LLP By signing this settlement statement, client hereby acknowledges receipt of client’s net settlement proceeds. By signing this settlement statement, client hereby acknowledges that client has had an opportunity to review this statement, to inquire about any and all fees, costs, liens, or any other items represented on the statement, and the above statement completely and accurately reflects the distribution of the client’s settlement funds. Specifically, clientattests that the above lienholders represent the only lienholders disclosed to Scott & Wallace LLP and are the only potential lienholders in this matter. Client further attests that these funds are properly distributed directly to client and client is not engaged in any bankruptcy proceeding(s), client does not owe nor does client believe he/she may owe any back child support, and client has not advised Scott & Wallace LLP of any other potential party who may have a superior right to client’s net settlement proceeds. Client hereby acknowledges that payment of any and all outstanding balances for medical treatment, liens, or related expenses obtained as a result of injuries sustained in this accident is the sole responsibility of the client, as are any other financial obligations that may be related to the subject accident and settlement regardless of when they were or may be incurred. Finally, client has been instructed that only a copy of the employment agreement signed by client to retain Scott & Wallace LLP for the matter herein concerned and a copy of the executed distribution statement will be retained by Scott & Wallace LLP. Client has been informed that all other file materials will be destroyed upon execution of this distribution statement. By signing this statement, client acknowledges that client was given an opportunity to inspect or otherwise take possession of any file materials and that Scott & Wallace LLP will be destroying all other file materials not taken by client.