United States District Court, M.D. Tennessee, Nashville Division
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
D. Brooke (with express permission by G. Andrew Rowlett), No.
4521 FARGARSON & BROOKE Attorney for Plaintiffs
W. Brown (with express permission by G. Andrew Rowlett),
Kutak Rock LLP Attorney for Defendant
Andrew Rowlett, No.16277 Howell & Fisher, PLLC Attorney
ORDER APPROVING COMPROMISE AND SETTLEMENT OF A
MINOR'S CLAIM AND FINAL ORDER OF DISMISSAL
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.
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:
minor's date of birth is xx/xx/2006.
minor resides with her parents, Anita Mays and Kenneth Mays,
in Collierville, Shelby County, Tennessee.
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.
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.
Converse disputes liability.
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
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.
Plaintiffs shall be solely responsible for satisfying from
the settlement proceeds any medical liens or ...