J.K.E. v. United Parks & Resorts, Inc.

Summary

This Report and Recommendation addresses a joint amended petition for approval of a minor’s settlement arising from a slip-and-fall incident at SeaWorld San Diego. The court recommends finding the settlement, attorney’s fees, medical lien, litigation costs, and blocked-account disbursement arrangement fair, reasonable, and in the minor’s best interests. The recommendation was issued to the referring district judge for approval.

Holdings

1. The court recommended finding that the proposed settlement was fair, reasonable, and in the best interests of the minor after conducting an independent inquiry into the minor's net recovery.
2. The court recommended approval of the requested attorney's fees, medical lien payments, and litigation costs as fair and reasonable under the circumstances.
3. The court recommended approval of depositing the minor's net settlement proceeds into an interest-bearing, federally insured blocked account, with no withdrawal before age eighteen absent a court order.

Questions Presented

1. Whether the proposed settlement of the minor's claims was fair, reasonable, and in the minor's best interests.
2. Whether the proposed attorney's fees, medical lien payments, and litigation costs were reasonable and should be approved.
3. Whether depositing the minor's net recovery into a blocked, interest-bearing, federally insured account until the minor reaches age eighteen was an appropriate method of disbursement.

Disposition

other