IN THE CIRCUIT COURT OF FAIRFAX COUNTY

Transcription

1 VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY MAURA HARRINGTON, as Personal Representative and Administrator of the Estate of John B. Geer, deceased, Plaintiff, Case No v. COLONEL EDWIN C. ROESSLER, JR. et al, Defendants. ORDER This matter came to be heard on the 26th day of June, 2015, upon the Amended Petition To Approve Compromise Settlement of Action for Wrongful Death ("Petition") filed by Plaintiff h to this action as personal representative of the Estate of Jdn B. Geer and the Plaintiff and the statutory beneficiaries having been convened, either in person, through their authorized representative, or through their endorsement on this Order pursuant to Virginia Code Section ; and It appearing that on August 29, 2013 John B. Geer was shot and killed by a police officer employed by the Fairfax County Police Department; and It Further Appearing that on January 16, 2014, Maura Harrington qualified as Administrator of the Estate of John B. Geer and accordingly, pursuant to Virginia Code Sections and (B) she is the personal representative authorized to file suit pursuant to Virginia's wrongful death statute, Virginia Code Section et. seq.~, and Page I of 8

2 It Further Appearing that on September 2, 2013, the Plaintiff filed a Complaint against Colonel Edwin C. Roessler, Jr., Chief of the Fairfax County Police Department and certain John Doe defendants alleging claims for wrongful death by assault, battery and gross negligence; and It Further Appearing that the Defendants have filed responsive pleadings and engaged in discovery; and It Further Appearing that the sole statutory beneficiaries of John B. Geer, pursuant to Virginia Code Section , are his daughters, Haylea Geer, an adult (, and a minor ( ); and It Further Appearing to the Court that the Parties hereto and the beneficiaries request that this Court approve the parties' Settlement of the claims made; It further Appearing to the Court that the Parties hereto have agreed upon an a Release that they request that the Court approve; And it further Appearing to the Court that the Plaintiff, Maura Harrington, as personal representative, guardian and mother of beneficiary Court approve and permit Ms. Harrington to fund the a minor, seeks to have the Irrevocable Trust, attached to the Petition as Exhibit H; And it further Appearing to the Court that the Court has the authority under Va. Code (E) to approve the transfer of the settlement proceeds on behalf of into the Irrevocable Trust under the terms and conditions set forth therein; And it further Appearing to the Court that based upon the totality of the evidence of circumstance presented, it is in the best interests of the minor that this Court authorize and order the transfer of the settlement proceeds on behalf of into the Irrevocable Trust under the terms and conditions set forth therein; Page 2 of 8

3 And it further appearing that the proceeds of the Settlement in the amount of Two Million Nine Hundred and Fifty Thousand Dollars ($2,950,000) should be distributed as authorized by section and as directed by section (C), Va. Code, as follows: 1. Costs of Litigation a. to Anne and Don Geer, John B. Geer's parents, the amount of eight thousand, six hundred and seventy dollars and sixty cents ($ ) for unreimbursed litigation expenses incurred in furtherance of this Action (Exhibit C);. b. to DiMuroGinsberg, P.C., the amount of one thousand, six hundred and seventy eight dollars and thirteen cents ($ ) as and for unreimbursed litigation expenses (Exhibit D); 2. For Attorney Fees: to DiMuroGinsberg, P.C., the amount of nine hundred and fifty four thousand and two hundred and forty eight dollars and sixty cents ($954,248.60) as and for attorneys' fees; from which the legal fees of Yates Campbell & Hoeg LLP regarding the creation of the Trust documents shall be paid. (Exhibit E). 3. For Funeral Expenses: to Anne and Don Geer, John B. Geer's parents, the amount of twenty nine thousand and eighty four dollars and seventy three cents ($29,084.73) for funeral expenses of their son (Exhibit F); 4. The remainder of the amount recovered to be distributed by the personal representative as follows: a. to Haylea Geer, the amount of nine hundred and seventy eight thousand and one hundred and fifty eight dollars and ninety eight cents ($978,158.98), which constitutes one-half of the settlement proceeds after approved deductions for statutory expenses (Exhibit G)(spreadsheet); Page 3 of 8

4 b. to Maura Harrington, as trustee for the amount of nine hundred and seventy eight thousand and one hundred and fifty eight dollars and ninety eight cents ($978,158.98), which constitutes one-half of the settlement proceeds after approved deductions for statutory expenses, to be held in an irrevocable trust pursuant to a certain trust agreement attached hereto as Exhibit H to be administered as set out in the Trust document and as discussed below; 5. Guardian Ad Litem Fees: the fees for the Guardian Ad Litem, Robert T. Hall, Esq., are to be paid from the Irrevocable Trust of, as provided for in the Trust Documents. (Exhibit H.) IT IS THEREFORE, ORDERED that, without any finding of liability on behalf of the Defendants, the proposed settlement on behalf of the Estate of John B. Geer, deceased, of the claims against the Defendants is hereby approved; and, it is further ORDERED that the settlement proceeds of Two Million, Nine-Hundred-Fifty Thousand Dollars ($2,950,000.00) shall be paid into the escrow account of DiMuroGinsberg, PC, to be distributed on behalf of the personal representative as follows: a. For the Costs of Litigation i. to Anne and Don Geer, John B. Geer's parents, the amount of eight thousand, six hundred and seventy dollars and sixty cents ($ ) for unreimbursed litigation expenses incurred in furtherance of this Action (Exhibit C);. Page 4 of 8

5 ii. to DiMuroGinsberg, P.C., the amount of one thousand, six hundred and seventy eight dollars and thirteen cents ($ ) as and for unreimbursed litigation expenses (Exhibit D); b. For Attorney Fees: to DiMuroGinsberg, P.C., the amount of nine hundred and fifty four thousand and two hundred and forty eight dollars and sixty cents ($954,248.60) as and for attorneys' fees; from which the legal fees of Yates Campbell & Hoeg LLP regarding the creation of the Trust documents shall be paid. (Exhibit E). c. For Funeral Expenses: to Anne and Don Geer, John B. Geer's parents, the amount of twenty nine thousand and eighty four dollars and seventy three cents ($29,084.73) for funeral expenses of their son (Exhibit F); d. The remainder of the amount recovered to be distributed by the personal representative as follows: i. to Haylea Geer, the amount of nine hundred and seventy eight thousand and one hundred and fifty eight dollars and ninety eight cents ($978,158.98), which constitutes one-half of the settlement proceeds after approved deductions for statutory expenses (Exhibit G)(spreadsheet); ii. to Maura Flarrington, as trustee for the amount of nine hundred and seventy eight thousand and one hundred and fifty eight dollars and ninety eight cents ($978,158.98), which constitutes onehalf of the settlement proceeds after approved deductions for statutory expenses, to be held in an irrevocable trust pursuant to a certain trust Page 5 of 8

6 agreement attached hereto as Exhibit H to be administered as set out in the Trust document and as discussed below; e. Guardian Ad Litem Fees: the fees for the Guardian Ad Litem, Robert T. Hall, Esq., are to be paid from the Irrevocable Trust of, as provided for in the Trust Documents. (Exhibit H.) IT IS FURTHER ORDERED that Maura Harrington, personal representative of John B. Geer, deceased, is authorized to execute a Release and Settlement of Claim (attached to the Petition as Exhibit B) on behalf of the Estate of John B. Geer, deceased, releasing Defendants, the County of Fairfax, its Board of Supervisors, individual members of the Board of Supervisors, and their respective parents, subsidiaries, affiliates, employees, agents, executors, successors, or assigns, including Adam Torres, from any and all liability for any and all claims arising out of the events of August 29, 2013, resulting in the death of John B. Geer. The signed Release and Settlement of Claim shall be held in escrow by counsel for Defendants and shall become effective upon delivery to Plaintiffs counsel of full payment of the settlement amount; IT IS FURTHER ORDERED that Maura Harrington enter into the Irrevocable Trust Agreement as Grantor and Trustee and Administer and operate said Trust in conformity with the terms and conditions set forth therein; including a surety bond, accounting requirements, and the creation of a Trust Protector under section 5, the initial Trust Protector being designated to be A. Everett Hoeg, III, Esq. and IT IS FURTHER ORDERED that the surety bond for Maura Harrington, as Trustee for the, Irrevocable Trust shall be in the amount of $ 1 j "^0 i j f?i!3a nd it is finally Page 6 of 8

7 ORDERED that this matter is dismissed with prejudice, with each party to bear its own attorneys' fees and costs. ENTERED this QJc day of June, The Honorable Randy I. Bellows Bernard j( DiMuro, Esq. (VSB #18784) Nina J. Ginsberg, Esq. (VSB #19472) Michael S. Lieberman, Esq. (VSB #20035) Andrea L. Moseley, Esq. (VSB #43047) DIMUROGINSBERG, PC 1101 King Street, Suite 610 Alexandria, Virginia Telephone: (703) Facsimile: (703) s: Counsel for Plaintiff Maura Harrington Maura Harrington, as Personal (\ Representative and Administrator of tire Estate of John B. Geer, deceased, and as mother and guardian of minor, and Trustee of the Irrevocable Trust Page 7 of 8

8 Haylea Ge< Settlement Compromise SEEN AND AGREED TO COMROMISED SETTLEMENT AND RELEASE PROVISIONS AND NO POSITION REGARDING REMAINDER OF PETITION: OFFICE OF THE COUNTY ATTORNEY Government Center Parkway, Suite 549 Fairfax, VA Telephone: (703) Facsimile: (703) s: Counsel for Defendant Colonel Edwin C. Roessler, Jr. Jim H. Guynn, Jr., Esq. Guynn & Waddell, P.C. 415 S. College Avenue Salem, Virginia Telephone: Facsimile: j im. guy nn@ gm d 1 aw linn. c om Co-Counsel for Defendant Colonel Edwin C. Roessler, Jr. Page 8 of 8