Mejia v. O'Neill Group-Dutton, LLC
- Andrew Krause
- 7:18-cv-06483
- U.S. District Court · Southern District of New York
- 132
In Mejia v. O’Neill Group-Dutton, Judge Smith approved a $2.8 million wrongful-death settlement and dismissed the pending claims with prejudice.
Elizabeth V. Mejia and the estate of Maximiliano Saban; Greysi Saban and Nathaly Saban Vicente; O’Neill Group-Dutton, LLC; OneKey, LLC; the third-party defendants; the insurers; and the plaintiff’s attorneys.
What happened
Mejia v. O’Neill Group-Dutton, LLC arose from Maximiliano Saban’s death after a retaining wall collapsed at a construction project. Elizabeth V. Mejia, as administrator of his estate and individually, pursued claims against the defendants, who also brought claims against several third-party defendants.
The parties agreed to settle all claims for $2.8 million. The settlement included payments by the defendants and third-party defendants, attorney’s fees and expenses, payment of a workers’ compensation lien, a cash payment to Elizabeth V. Mejia, and structured payments for Mejia and the two children. The settlement did not admit fault or liability.
Judge Lisa Margaret Smith approved the settlement and its distribution, authorized the estate administrator to complete the settlement documents, and ordered the pending claims dismissed with prejudice and without costs. The court also approved the $933,333.33 attorney’s fee and $23,585.38 in expenses.
The detailed version
- Mejia v. O'Neill Group-Dutton, LLC · No. 7:18-cv-06483
- Andrew Krause
- Sept. 14, 2020
Background
Elizabeth V. Mejia sued O’Neill Group-Dutton, LLC and OneKey, LLC as administrator of the estate of Maximiliano Saban and individually. The case concerned Saban’s death on August 3, 2017, when a retaining wall collapsed and buried him beneath concrete blocks and soil at a construction project. The defendants brought third-party claims against SESI Consulting Engineers, P.C.; Kenneth J. Quazza, P.E.; New Generations Masonry; MG Commercial Concrete; and Bonded Concrete, Inc.
The settlement papers stated that the case involved wrongful-death claims and claims for Saban’s conscious pain and suffering. The parties had conducted discovery and participated in mediation. The settlement agreement stated that it resolved the claims in this case and related insurance and indemnity disputes, without an admission of fault or liability.
Settlement and Distribution
The court approved a total settlement of $2,800,000. The order authorized settlement payments of $2,500,000 from O’Neill Group-Dutton, LLC and OneKey, LLC; $180,000 from SESI Consulting Engineers, P.C. and Kenneth J. Quazza, P.E.; $100,000 from New Generations Masonry and MG Commercial Concrete through Penn-America Insurance Company; and $20,000 from Bonded Concrete, Inc.
The court approved payment of $933,333.33 in attorney’s fees and $23,585.38 in disbursements from the settlement proceeds. It also ordered payment of a $39,569.82 workers’ compensation lien held by Berkshire Hathaway Guard Insurance Companies. Elizabeth V. Mejia was to receive $501,755.73 directly.
A total of $1,300,000 was designated for structured settlement benefits for Elizabeth V. Mejia, Greysi Saban, and Nathaly Saban Vicente. The order set out monthly and annual payments, deferred lump-sum payments, and lifetime payments with guaranteed periods. It also required $877.87 for each child to be deposited in a protected bank account for the child’s benefit until the child reached age eighteen.
Court’s Action and Effect
This was a compromise order approving a settlement, not a decision determining which side would win the underlying liability or damages claims. The court authorized Mejia to execute releases and other documents needed to complete the settlement and permitted the attorneys to file dismissal stipulations.
The court ordered that all claims then pending against the defendants and third-party defendants were dismissed with prejudice and without costs. It also dispensed with the filing of a bond. The order was signed by United States Magistrate Judge Lisa Margaret Smith.
Read the full 132-page opinion on CourtListener, the free public archive maintained by the Free Law Project.