Probate Procedures Manual - Jackson County Circuit Court

ORDER APPROVING COMPROMISE AND SETTLEMENT OF MINOR'S CLAIM

IN THE CHANCERY COURT OF , MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

, A MINOR

, PETITIONER

VS.

CAUSE NO:

The above styled cause came to be heard by the court upon the Petition of , as next friend and natural father/mother of , a minor, pursuant to Miss. Code Ann. 93-13-211.

The court has heard and considered the proof, both oral and documentary and has made a full, complete and thorough investigation of this matter. The court is now completely advised and satisfied in the premises and therefore does hereby find and adjudicate the following:

(1) is a minor whose date of birth is ,

his/her natural mother and father, and at ,

He/She resides with County, Mississippi.

(2) The estate of the minor consists of a claim for damages against a school bus driver, and the County School District with regard to an incident that occurred on which resulted in injuries to the minor. Specifically, the minor's clothing was caught in the door of his/her school bus as it closed before he/she boarded the bus and the minor was dragged for approximately a quarter of a mile before the bus stopped to pick-up additional students, at which time the minor was released, boarded the bus and was returned home with minor injuries.

(3) The insurance carrier for the County School District has offered to compromise and settle the claim of the minor for the total sum of ($ ) in addition to all medical and psychological expenses of the minor which have previously been paid. This offer of settlement is conditioned upon the requirement that a good and valid acquaintance, indemnification and release is given, releasing and discharging the County School District, its agents and employees and insurance carrier, from any and all claims, demands,

losses, damages, actions, causes of action, or suits at law or equity of whatsoever kind or nature that may now exist or hereafter accrue as a result of the above described accident involving the minor, and for any personal injuries, damages, death and expenses of any nature or type whatsoever sustained or arising as a result of the injuries received by the minor.

(4) The court has fully investigated this matter and has satisfied itself by the evidence that this claim is not readily collectible, that litigation in the matter would be highly uncertain as to the ultimate outcome and that this is a fair settlement of the claim of the minor and it would be in the best personal interest of the minor for the compromise settlement to be approved and concluded.

(5) In order to consummate this settlement, it will be necessary for , as the natural father/mother and guardian of the minor, to be authorized in the name of, for and on behalf of, and as the act and deed of the minor, to execute a good and valid release and indemnifying agreement, discharging and acquitting , the County School District, their insurance carrier(s), and any and all other persons, firms or corporations of and from any and all claims, demands, losses, damages, actions, causes of action, or suits at law or equity of whatsoever kind or nature that may now exist or hereafter accrue on account of the accident above described arising as a result of the injuries of the minor.

(6) This settlement cannot be made without the approval of this court and the petitioner requests the court to authorize and empower him to accept the settlement payable to , on behalf of , a minor, and that he be authorized and directed to execute a good and valid release, indemnification and acquaintance attached as Exhibit " " to the petition filed herein, releasing the parties from any and all claims, demands, actions, causes of action, damages, cost and expenses, which the minor, or any other person, firm or entity may now or hereafter have on account of, arising out of, resulting from, or in any way connected with the accident of , which instrument shall be an acknowledgement of full and complete compromise, settlement, accord and satisfaction of any claim, including any and all claims and damages of every kind or nature whatsoever which the minor, or his/her parents, may have.

(7) The minor's medical and psychological expenses incurred as a result of the accident, which totaled $ have been paid by the insurance carrier for the County School District and there are no outstanding expenses incurred as a result of the accident.

(8) The balance of the minor's fund, being $ , shall be deposited in an interest bearing account at a federally insured banking institution, with withdrawals from the account to be for the use and benefit of the minor.

(9) The amount to be paid for the use and benefit of the minor is not in excess of the sum of $ and therefore the minor is not required to have a legal guardian for approval of this settlement.

IT IS THEREFORE, ORDERED that the proposed settlement be and the same is hereby approved upon receipt of the sum of $ to be paid to for and on behalf of the minor,

and he/she is authorized, empowered and directed to execute and deliver on behalf of the minor a full, complete and final discharge, release, acquittance and indemnification agreement in the form attached as Exhibit " " to the Petition in this cause.

It is further, ORDERED, that upon payment of the sum of $ for and on behalf of the minor, , the County School District, its agents and employees and insurer, and all other persons, parties, or entities, shall be and the same are hereby fully, completely and forever discharged, released and acquitted from any and all liability and for any and all claims, demands, actions, causes of action, damages, costs and expenses which the minor or any other person, party or entity may now or hereafter have on account of, arising out of, resulting from, or in any way connected with the injuries or damages sustained by the minor as a result of the aforementioned incident.

The settlement proceeds being $ shall be deposited into a federally insured bank account for and on behalf of , a minor, for use in connection with future maintenance, care and support and for any other future needs of the minor.

SO ORDERED, this the day of , 20