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Walker v. The Kaplan Trucking Co.

United States District Court, S.D. West Virginia

March 22, 2017

TRACY L. WALKER, as Personal Representative of the Estate of LESTER J. WALKER, JR., Plaintiff,
v.
THE KAPLAN TRUCKING CO., Defendant.

          Ryan Stewart, Timothy C. Bailey, J. Ryan Stewart, BAILEY JAVINS & CARTER, LC, Counsel for Plaintiff

          David A. Bosak, Tim J. Yianne, David A. Bosak, Lewis Brisbois Bisgaard & Smith, LLP, Counsel for Defendant Kaplan Trucking Co.

          AGREED ORDER APPROVING AMENDED PETITION TO COMPROMISE AND SETTLE WRONGFUL DEATH CLAIM AND FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS.

          DAVID A. FABER Senior United States District Judge

         On March 20, 2017, came the Petitioner, Tracy L. Walker, individually, and in her Capacity as the Administratrix of the Estate of Lester J. Walker, Jr., in person and by counsel, J. Ryan Stewart of Bailey Javins & Carter, LC, pursuant to an Amended Petition to Compromise and Settle Wrongful Death Claim and for Approval of Distribution of Settlement Proceeds [Doc. 80] (hereinafter “Amended Petition”). Also appearing at the hearing was attorney David A. Bosak of Lewis Brisbois Bisgaard & Smith, LLP, counsel for the defendant, The Kaplan Trucking Company.

         Upon careful consideration of the testimony, the pleadings and the record appearing before the Court, the Court finds the following:

         1. Tracy Walker was duly appointed as the personal representative of the Estate of Lester J. Walker on April 1, 2013, by the Fayette County, Pennsylvania Register of Wills, and is acting as such at this time.

         2. On March 1, 2013, Lester Walker, Petitioner's husband and decedent, was killed while operating a truck tractor on I-77, in Mercer County, West Virginia, owned by defendant Kaplan Trucking Co.

         3. Lester Walker was survived by his wife, Tracy Walker, and their son, Brandon Walker. Lester Walker was likewise survived by eight brothers and sisters, Teri Bartley, Bob Walker, Shelli Walker, Leslie Iaeger, Robin Gallentine, Wendy Stimmel, Mike Seese and Rick Walker. There are no other known potential statutory beneficiaries to the Estate of Lester Walker.

         4. At the time of Lester Walker's death on March 1, 2013, only petitioner Tracy L. Walker was financially dependent upon Lester Walker.

         5. Petitioner has negotiated a proposed settlement of the Estate's wrongful death claims against the defendant, The Kaplan Trucking Company (“Kaplan”), in the amount of One Hundred Thousand Dollars ($100, 000.00).

         6. Tracy Walker, individually, and in her Capacity as the Administratrix of the Estate of Lester J. Walker, believes the settlement proposed is just, fair and equitable under the circumstances.

         7. Tracy Walker, individually, and in her Capacity as the Administratrix of the Estate of Lester J. Walker, understands that approval of the settlement and execution of the release herein will forever bar any further claims by the Estate and by any statutory beneficiary against defendant Kaplan, or prior defendant, Nucor Corporation, from the injury too and death of Lester J. Walker on March 1, 2013.

         8. No improper promises, guarantees, threats, coercion or undue influence has been exerted upon Tracy Walker to accept the proposed settlement herein, and that the proposed settlement is a good faith settlement negotiated at arms-length among the parties.

         9. Petitioner asserts there are no outstanding medical, funeral or burial expenses to ...


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