Sample Friendly Suit Motion



CASE NO. 24-C-02-00380

Sample Friendly Suit Motion

COME NOW the parties, by and through their respective attorneys, and pursuant to Maryland Rules 2-202(c) and 2-311, jointly move this Honorable Court for an Order approving a tort settlement involving a minor plaintiff, and in support thereof, state as follows:

  1. That the above-captioned wrongful death action arises out of pedestrian/motor vehicle accident that occurred on or about May 22, 2013, at the intersection of Pratt and Lombard Streets in Baltmore City, Maryland. Tragically, Samantha King, the mother of the Minor Plaintiff, Jonathan King, sustained fatal injuries.
  2. That this action has been filed by the Plaintiff, Steven King, as Father and Next Friend of Jonathan King, a Minor, for damages sustained by the Minor Plaintiff as a result of the death of his mother;
  3. Practice Point: This is a sample friendly suit motion to file with a Complaint - if the case not already in suit - and a draft court order. Defense lawyers love requiring friendly suits because they like making things more difficult and because they think it provides cover if the minor later tries to disavow the settlement. Maryland law at one time arguably required friendly suits to settle larger claims on behalf of minors. But with the enactment of § 19-113 of the Insurance Article in 2004, friendly suits are no longer necessary. Still, insurance companies love and demand friendly suits. Ultimately, our lawyers usually agree to a friendly suit (although some judges will not sign off on them because they believe - correctly - that they are superfluous).
  4. That at the time of the subject accident, the Defendant, Linda Street, maintained a policy of automobile liability insurance with which policy carried applicable bodily injury liability single limits of $2 million per occurrence;
  5. That the parties, through counsel, have negotiated a total settlement of the above-captioned action in exchange for $1,800,000. A structured annuity agreement has been arranged for a portion of this recovery.
  6. That the settlement of the claims of the minor Plaintiff, Jonathan King, in the amount of the $1,800,000 is fair and reasonable:
    1. That the parties desire this Honorable Court to approve the settlement of the minor Plaintiff, Jonathan King’s, claim;
    2. That the Plaintiff has executed a Release, Hold Harmless and Indemnity Agreement, already agreed to by the parties. After the settlement is approved, the parties will file a Stipulation of Dismissal such that this matter will be dismissed with prejudice.

WHEREFORE, the parties jointly request that this Honorable Court:

  1. Grant the Joint Motion to Approve a Tort Settlement of a Minor Plaintiff, and;
  2. Order that the settlement of the Minor Plaintiff’s claims in the above-captioned action is fair and reasonable, and;
  3. Grant such further and additional relief as this Court deems just and proper

Respectfully submitted,
Miller & Zois, LLC

Ronald. V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (facsimile)
Attorneys for Plaintiffs

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410)760-8922 (fax)

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