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Mays v. Converse, Inc.

United States District Court, M.D. Tennessee, Nashville Division

March 30, 2018

ANITA MAYS and KENNETH MAYS Individually and as Natural Parents and Next Friends of their daughter KATHRYN MAYS, a minor, and F/U/B of their daughter
v.
CONVERSE, INC.

         JURY TRIAL DEMANDED

          Bruce D. Brooke (with express permission by G. Andrew Rowlett), No. 4521 FARGARSON & BROOKE Attorney for Plaintiffs

          Dale W. Brown (with express permission by G. Andrew Rowlett), Kutak Rock LLP Attorney for Defendant

          G. Andrew Rowlett, No.16277 Howell & Fisher, PLLC Attorney for Defendant

          ORDER APPROVING COMPROMISE AND SETTLEMENT OF A MINOR'S CLAIM AND FINAL ORDER OF DISMISSAL

         This case is submitted to the Court to approve the mediated compromise and final settlement of all claims in the above-referenced action. The settlement includes all claims of the minor, Kathryn Mays (“minor”), by the minor's parent and legal guardians, Anita Mays and Kenneth Mays, and all of the individual claims of plaintiffs Anita Mays and Kenneth Mays against Converse, Inc. (“Converse”).

         Based upon a review of the file in this case, the record as a whole, and the statements of counsel, the Court is of the opinion and finds as follows:

         1. The minor's date of birth is xx/xx/2006.

         2. The minor resides with her parents, Anita Mays and Kenneth Mays, in Collierville, Shelby County, Tennessee.

         3. Plaintiffs Anita Mays and Kenneth Mays allege that on January 1, 2016, while they and the minor child were shopping at defendant's store #274 in Nashville, Davidson County, Tennessee, the minor was injured she tripped and fell on a foot measuring gauge on the floor in the store.

         4. Plaintiffs allege that the minor child sustained a triplane fracture, which is a fracture at the epiphyseal plate (growth plate) of the tibia. She was initially treated at Vanderbilt's Monroe Carell Jr. Children's Hospital emergency department with closed manipulation of the fracture, and in lieu of an invasive surgical intervention, a long-leg bivalve cast was applied. Her follow up medical care was provided by orthopedic physician, Dr. Derek Kelly of the Campbell Clinic in Memphis. Her original cast was transitioned to a short leg cast and finally to an orthopedic boot. Kathryn had some physical therapy and she was released by Dr. Kelly in July, 2016, within six months of the accident. Dr. Kelly has not assigned any permanent anatomical impairment rating for Kathryn's injury. Kathryn returned to school on or about January 25, 2016. Kathryn has resumed all of her normal daily activities and she does not demonstrate any current symptoms or restrictions in her normal daily activities.

         5. Converse disputes liability.

         6. The parties attended mediation on January 23, 2018 and agreed to compromise and settle all claims of the minor against Converse, including all derivative claims of her parents, Anita Mays and Kenneth Mays, for Forty Thousand Dollars ($40, 000). The Defendant is to pay the mediation costs

         7. Blue Cross and Blue Shield, paid $2, 629 for Kathryn's medical bills and Benefit Recovery Solutions is seeking Blue Cross' subrogation recovery. Plaintiffs have represented that the only potential lien holder is Benefit Recovery Solutions. Benefit Recovery has said that its interest is $2, 100 and that it will resolve the claim for $2, 100.

         8. Plaintiffs shall be solely responsible for satisfying from the settlement proceeds any medical liens or ...


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