IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

JONATHAN KING - Plaintiff

v

DONALD POSNER - Defendant

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         CASE NO. 24-C-02-00380
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Sample Friendly Suit motion

           

Practice Point: The is a sample court order to go with a Complaint and a friendly suit settlement motion. There is nothing in Maryland law requring a friendly suit. Maryland law requiries a special trust account in the minor recovers more than $5,000. Some defense lawyers - because it had always been done that way prior to the law changing in 2004 - are going to want one and, ultimately, there is no harm in filing one.

UPON CONSIDERATION of the Joint Motion to Approve a Tort Settlement Involving a Minor Plaintiff, good cause having been shown, and the entire record herein, it is this 5th day of July, 2011, by the Circuit Court for Baltimore City, Maryland:
            ORDERED, that the Joint Motion to Approve a Tort Settlement Involving a Minor Plaintiff be, and hereby is, GRANTED; and it is further
            ORDERED, that the settlement of the claims of the Minor Plaintiff, Jonathan King , by Steven King, as Parent and Next Friend of Jonathan King, a Minor, in the total amount of $1,800,000.00 is fair, reasonable and hereby APPROVED; and it is further
            ORDERED, that Defendant’s insurance carrier, shall pay or cause to be paid the following amounts for the benefit of the Minor Plaintiff, Jonathan King Maldonado:

            A.        The sum of $1,200,000 payable to “Steven King, Parent and Legal Guardian of Jonathan King and Attorney Miller & Zois LLC” to be distributed as follows:
            1.         $600,000 to Miller and Zois LLC, attorneys for Plaintiffs in full settlement of the attorneys’ claim for compensation of services;
            2.         $3,456.32 to Miller and Zois LLC, attorneys for Plaintiffs in full settlement of the costs pursuant to the retainer/fee agreement.
            3.         $596,543.68 to be issued to the Minor Plaintiff, Jonathan King Maldonado pursuant to and in conformance with the Maryland Code, Estates and Trust, §§13-401, et. seq. and 13-501.
            B.        Future Periodic Payments made according to the following schedule:
            1.         Monthly Payments to Jonathan King:  Starting February 11, 2020, $4,234 per month payable for 120 months (10 years) certain and guaranteed.  The last guaranteed payment will be made on January 11, 2030.
            2.         Monthly Payments to Jonathan King:  Starting February 11, 2030 after purchase of the funding annuity, $4,234.34 per month payable for 240 months (20 years) certain and guaranteed and for the lifetime thereafter of Jonathan King.
            ORDERED, that the parties are to sign any and all necessary documents to facilitate the funding of the periodic payment obligations listed above.  The periodic payments/structured settlement described in B.1. will be placed in an annuity contract.  The periodic payments/structured settlement described in B.2. will be placed in an annuity contract from Metropolitan Life Insurance Company).
                                                                        ______________________________________
                                                                        JUDGE
                                                                        Circuit Court for Baltimore City, Maryland

 

Respectfully submitted,
MILLER & ZOIS, LLC

Rodney M. Gaston
Empire Towers, Suite 1001
7310 Governor Ritchie Highway
Glen Burnie, MD   21061
(410) 553-6000
(410) 760-8922 (facsimile)
Attorneys for Plaintiffs

 

Respectfully submitted,

                                                                                    MILLER & ZOIS, LLC

                                                                                    ___________________________

                                                                                    Ronald V. Miller, Jr.
                                                                                    Empire Towers, Suite 615
                                                                                    7310 Ritchie Highway
                                                                                    Glen Burnie, Maryland 21061
                                                                                    (410)553-6000
                                                                                    (410)760-8922 (fax)

 

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