Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clark v. Lard Oil Company, Inc.

United States District Court, S.D. Mississippi, Eastern Division

October 25, 2019

RAMSAY CLARK PLAINTIFF
v.
LARD OIL COMPANY, INC. and ACM TRANSPORTATION, LLC and JOHN DOES 1-10 DEFENDANTS LIBERTY MUTUAL INSURANCE COMPANY INTERVENOR

          Bruce L. Barker ATTORNEY FOR PLAINTIFF

          Edward C. Taylor ATTORNEY FOR DEFENDANTS

          A. Thomas Tucker, III ATTORNEY FOR INTERVENOR

          ORDER GRANTING MOTION TO APPROVE THIRD-PARTY SETTLEMENT

          HONORABLE KEITH STARRET UNITED STATES DISTRICT JUDGE

         THIS CAUSE came to be heard on the sworn Petition of the Plaintiff, Ramsay Clark, having been joined by the workers' compensation statutory lienholder, Liberty Mutual Insurance Company; and Lard Oil Company, Inc., and ACM Transportation, LLC, Defendants herein, pursuant to Miss. Code Ann. § 71-3-71, et seq., and the Court, having fully investigated this matter, finds and adjudicates, as follows:

         I.

         This cause arises out of an automobile accident that occurred on or about July 6, 2016, in Hattiesburg, Lamar County, Mississippi, wherein Plaintiff was rear-ended by a truck driven by Darrell Extine, a then-employee of Defendant ACM Transportation, LLC. ACM Transportation owned the subject truck, and Defendant Lard Oil Company, Inc., was the sole owner of ACM Transportation. At the time of the accident, Plaintiff was in the course and scope of his employment with Builders FirstSource.

         II.

         At the time of the accident, Builders FirstSource carried workers' compensation insurance through Liberty Mutual Insurance Company. Liberty Mutual made payments to and on behalf of Plaintiff pursuant to the Mississippi Workers' Compensation Act and has asserted its statutory lien pursuant to Miss. Code Ann. § 71-3-71, et seq., in the amount of Thirty-One Thousand One Hundred Sixty-Seven and 45/100 Dollars ($31, 167.45).

         III.

         Plaintiff contends herein, and would represent, that he is entitled to receive compensation from the Defendants for his personal injuries due to the negligence of said Defendants; however, the claim is denied and disputed by the Defendants. Further, in any event, the extent of Plaintiff's entitlement to damages, if any, as a result of the alleged accident, is not capable of exact determination.

         IV.

         Plaintiff has agreed to accept from the Defendants and their insurer the sum of Two-Hundred Thousand and 00/100 Dollars ($200, 000.00) in full and final settlement of all claims. Attorneys Bruce L. Barker and Nathan Elmore will receive reasonable attorney's fees, costs, and expenses in accordance with their contract in the amount of One-Hundred Fourteen Three-Hundred and Nine Thousand and 88/100 Dollars ($114, 309.68).[1] Subject to the approval of this Court, Liberty Mutual, by way of compromise and for the purpose of settlement, has agreed to waive its statutory lien for benefits and expenses heretofore paid to or for the benefit of the Plaintiff in exchange for a full and final settlement of Plaintiff's claims pursuant to Miss. Code Ann. § 71-3-71, et seq. Plaintiff and Liberty Mutual, collectively, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.