Free Settlement Agreement - District Court of Connecticut - Connecticut

1 N Case 3:03-cv-00597-MRK Document 150 Filed 05/26/2005 Page 1 of 3 i
1 1
1 1
1 UNITED STATES DISTRICT COURT 1 I
1 DISTRICT OF CONNECTICUT 1
BILL L. GOUVEIA AS ADMINISTRATOR 1
OF THE ESTATE OF Joss GUERRA, ,
Plaintiff 1
v_ CIVIL ACTION Nc. 303CV597 MRK 1
SIG SIMONAZZI NORTH AMERICA, INC., at p,
Defendant cg, ",
(I3 Iigii Q
V· Dated: °"
SASIB FOOD MACHINERY MV, S.P.A., H 1
SASIB BAKERY ITALIA, S.P,A,, C,.} Ln
DRY PRODUCTS, S.P.A., and '“"ijQ3, r: 1
COMPAGNlE INDUSTRIAL! RIUNITE, I
Third-·Pa Defendants
PETITION FOR APPROVAL OF SETTLEMENT OF ACTION
The parties to the above matter and St. Paulffravelers Insurance Company
("Travelers"), collectively (Petitioners), petition this court for the approval ofthe
settlement of plaintiffs claims against the defendant Sig Simonazzi North America, Inc.
("SSNA") and the third-party defendants Sasib Food Machinery MV, s. p.a., Sasib
Bakery Italia MV, s.p.a, Dry Products, s.p.a, and Compagnie lndustriali Riunite
(hereinafter referred to collectively as the "third-party defendants"), for the sum of
$1,750,000.00. In support of this petition, the petitioners state the following: 1
1) The plaintiff alleges that on or about April 27, 2001, while in the course of his
employment for Chaves Bakery, the plaintiffs decedent Jose Guerra, was fatally
injured when he was struck by an automatic loading and conveyor system that
was part of a certain Bakery Line Bread and Roll Making Machine, model/order I
number 3444 CHA. _ 1
2) The plaintiff alleges that the plaintiffs decedent suffered a destruction of lifetime I
earning capacity, a destruction of capacity to carry on life’s activities, conscious
pain and suffering before his death, the loss of life, and postmortem expenses
and funeral expenses.
3) The defendant, SSNA, disputes its liability for the plaintiffs decedent injuries.
Specifically, the defendant SSNA contends thoaf the plaintiffs decedent injuries |
EK were the result of his own negligence. T _ M frm, T11; g/gf,,,§,,,1 ,;,/ 1”1».rf·f~ IL? 1
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_ . Case 3:03-cv-00597-MRK Document 150 Filed 05/26/2005 Page 2 of 3
{ 4) The defendant SSNA has also resolved its claims against the third-party
l defendants Sasib Food Machinery MV, s.p.a., Sasib Bakery Italia MV, s.p.a, Dry
l Products, s.p.a, and Compagnie Industriali Riunite. The $1,750,000 settlement is s
all encompassing and includes all claims by the plaintiff and the third-party
plaintiff.
5) St. Paul/Travelers insurance Company was the workers compensation insurer for y
Guerra’s employer, Chaves Bakery, at the time of his alleged accident. {
6) As a result of his accident, St. Paul/Travelers paid death benetits to Mr. Guerra’s l
minor children totaling $72,840. St. Paulffravelers also paid burial expenses of l
$4,000. Pursuant to Connecticut General Statutes §3‘l-293, St. Paul/'l'ravelers’ I
total statutory lien is $76,840. St. Paulffravelers has agreed to receive the l
reduced sum of $25,000 in satisfaction of its lien and will discontinue the
payment of indemnity benefits.
7) Plaintiffs total expenses for prosecuting the case are $41,460.55, which is 2%
percent ofthe total settlement.
8) The workers compensation claim is closed.
9) The petitioners believe that in light of the hazards of litigation $1,750,000.00 is a ,
fair and reasonable settlement for the plaintiffs claims. '
10) The settlement will be disbursed as follows: $1,750,000.00
l
Travelers Reduced Lien S 25,000.00 1
Estate of Jose Guerra Gross Recovery $1,725,000.00
Attorney’s Fee °
Sullivan & Sullivan, LLP ($ 362,500.00)
Total Litigation Expenses ($ 41,460.55)
Total Net Recovery to the I
Estate of Jose Guerra $ 1,321,039.45
11) Expenses
Filing & Service Fees $ 577.00
Depositions $ 9,520.48
Experts $ 20,199.63
Miscellaneous Costs; Records, Copies & Mail $ 952.28
Miscellaneous Costs; Hotels & Travel $ 5,711.16
Miscellaneous Costs; Probate Legal Services $ 4,500.00
Total Expenses $ 41.460-55 |
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I _ Case 3:03-cv-00597-MRK Document 150 Filed 05/26/2005 Page 3 of 3 I
WHEREFORE, the petitioners request that this Court approve the settlement of all
( claims by the plaintiff and third-party plaintiff as fair and reasonable. I
I The Plaintiff, Sig Simonazzi North America, Inc.
Bill I. Gouveia as Administrator of the
Estate of Jose Guerra By its Attorney, ,
I I
x . _ I
0 G. Fortner, Jr.
alloran & Sage LLP I
Fed Bar # CT04602 I
One Goodwin Square _
225 Asylum Street
Hanford, CT 06103
(860) 522-6103
Bill I. Gouveia as Administrator ofthe Sasib Food Machinery MV, s.p.a.,
Estate of Jose Guerra Sasib Bakery Italia MV, s.p.a,
Dry Products, s.p.a, and I
Compagnie Industriali Riunite
I
By his Attorney, By their Attorney,
—-·g—— { I
M A-X
Richar J. Sullivan, Esq. Rag ml- L, Kem I
Fed Bar # CT24914 Fed Bar #
Sullivan & Sullivan, LLP Fox Horan & Camerini, LLP
31 Washington Street 825 Third Avenue
Wellesley, MA 02481 New York, New York 10022
(781) 263-9400 (212) 480-4800
I
By the Court:
, J. E