Hoover v. United States
- Nancy Brasel
- 0:19-cv-01428
- U.S. District Court · District of Minnesota
- 4
In Hoover v. United States, Magistrate Judge Leung approved distribution of a wrongful-death settlement and authorized specified payments.
Ruth Hoover, as trustee for Richard M. Hoover’s heirs and next of kin, the other heir and next of kin, Siegel Brill, P.A., and the United States were affected by the approval of the settlement distribution.
What happened
Hoover v. United States arose under the Federal Tort Claims Act after Ruth Hoover alleged that federal employees’ medical negligence or wrongful acts caused Richard M. Hoover’s death. The parties settled the case on May 20, 2020, and Ruth Hoover asked the court to approve distribution of the settlement proceeds.
The court granted the petition. It approved the proposed distribution, authorized Ruth Hoover to complete the settlement documents, and authorized payment of $107,772.57 to Siegel Brill, P.A., for attorneys’ fees and costs and $292,227.43 to Ruth Hoover. The court noted that the petition provided the required information, the other heir and next of kin had waived notice and consented, and no one objected.
Magistrate Judge Tony N. Leung issued the order on June 9, 2020.
The detailed version
- Hoover v. United States · No. 0:19-cv-01428
- Nancy Brasel
- June 9, 2020
Background
Ruth Hoover, trustee for the heirs and next of kin of Richard M. Hoover, brought this Federal Tort Claims Act case against the United States. The complaint alleged that Richard Hoover’s death resulted from medical negligence or a wrongful act or omission by employees of the United States. The parties settled the case on May 20, 2020.
Ruth Hoover then filed a petition asking the court to approve how the wrongful-death settlement proceeds would be distributed. The opinion states that Minnesota Statutes Section 573.02 and Minnesota Rule of General Practice 144.05 governed the distribution process.
Court’s analysis
The court explained that the applicable rule requires a trustee’s verified petition to identify the settlement amount, disbursements, trustee and attorney fees, funeral expenses, and the surviving spouse and next of kin entitled to shares. The court found that the petition included the required information, including the settlement amount, disbursements, attorney’s fees, and the names, ages, and addresses of the next of kin. There was no indication that funeral expenses remained unpaid.
The petition also included a waiver of the hearing notice and consent to the proposed distribution from the only other heir and next of kin. No objections were filed. Based on these circumstances, the court approved the petition and proposed distribution.
Order
The court granted the Petition for Approval of Distribution of Wrongful Death Settlement Proceeds. It approved the distribution described in the petition and authorized Ruth Hoover to execute the releases and other settlement documents needed to complete the settlement.
The court authorized payment of $107,772.57 to Siegel Brill, P.A., for reimbursement of attorneys’ fees and costs, and $292,227.43 to Ruth Hoover. The distribution was approved in all other respects.
The order was signed by United States Magistrate Judge Tony N. Leung.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.