Tolliver v. Illinois Tool Works Inc.

Background

The plaintiffs sued Illinois Tool Works Inc. over product liability and negligence claims arising from the death of Johnny Tolliver, Sr. The decedent was operating a solid-waste truck employed by the City of Berkeley’s Public Works Zero Waste Division when the truck began rolling downhill on January 11, 2016. He tried to stop it and suffered blunt-force injuries.

The parties reached a settlement in January 2020. As to Plaintiff I.T., Illinois Tool Works agreed to pay $437,500. The proposed distribution included $85,476.75 in attorney’s fees, $95,593.01 in attorney’s costs, and $50,000 to resolve the City of Berkeley’s lien and credit rights. The proposed net recovery for I.T. was $206,430.24.

Guardian ad Litem Arie Crockett planned to place the net recovery in a structured annuity. The annuity would pay I.T. $50,000 at age 18, $100,000 at age 21, and $74,273 at age 25, for total payments of $224,273. The settlement was separate from approximately $482,367.28 in workers’ compensation payments being paid by the City of Berkeley.

Legal Standard

Under Federal Rule of Civil Procedure 17(c), a federal district court has a special duty to protect a minor’s interests. The court must independently determine whether a proposed settlement is in the minor’s best interests and whether the settlement, including the minor’s net recovery, is fair and reasonable.

Court’s Analysis

The court found the settlement fair and reasonable. It considered the significant liability questions, including evidence that the City of Berkeley might be primarily responsible for the death. Truck records showed that the truck had reached the end of its useful life and had been serviced for related problems six days before the death. The court also considered counsel’s assertion that the City had not properly trained its employees to apply the parking brake.

The court found the settlement amount reasonable in light of counsel’s estimate that I.T.’s future economic losses were $293,499, in addition to emotional harm from losing his father. It also considered the net recovery after fees, costs, and the City’s lien and credit rights. The court found the costs reasonable, particularly because the case required work by numerous expert witnesses. It further considered the workers’ compensation payments made and expected to be made for I.T.

Disposition

Judge Kandis Westmore granted the motion to approve the settlement. The order approved attorney’s fees of $85,476.75, attorney’s costs of $95,593.01, and a $50,000 settlement of the City of Berkeley’s lien and credit rights. It directed that the $206,430.24 net sum be placed in a structured annuity and distributed as $50,000 at age 18, $100,000 at age 21, and $74,273 at age 25.