United States District Court, M.D. Alabama, Eastern Division
JENNIFER CAMACHO, Individually and as Mother and Next Friend of T.C.; and EMILY CAMACHO, Individually, Plaintiffs,
DANIEL CARL FERRELL, Defendant.
OPINION AND ORDER 
A. BAKER, UNITED STATES MAGISTRATE JUDGE
November 16, 2015, Plaintiff Jennifer Camacho, individually
and as mother and next friend of T.C., a minor, and Plaintiff
Emily Camacho initiated this lawsuit in the Circuit Court of
Lee County, Alabama, for personal injuries resulting from a
motor vehicle accident occurring on October 13, 2015.
Plaintiffs allege Defendant negligently, recklessly, and
wantonly operated his vehicle causing a collision with the
vehicle driven by Jennifer Camacho and in which T.C. was a
passenger. (Doc. 1-4). Defendant denies these allegations.
(Doc. 6). On January 12, 2016, the matter was removed to this
court pursuant to 28 U.S.C. § 1332, on the basis of
diversity of citizenship jurisdiction. (Doc. 1).
the court is the parties' sealed Motion to Approve
Pro Ami Settlement. (Doc. 39). The court conducted a
fairness hearing on August 15, 2017. The Court having the
benefit of the Motion to Approve Pro Ami Settlement,
along with its exhibits, the report that was prepared by the
minor T.C.'s Guardian Ad Litem, W. Allen Sheehan, live
testimony from T.C.'s Guardian Ad Litem, and telephone
testimony of T.C. and Jennifer Camacho, mother and next fried
of T.C., hereby enters the following order:
parties are represented before this Court by their attorneys
of record. Also present, via telephone, is Jennifer Camacho,
legal guardian of the minor plaintiff, T.C. and the minor
Plaintiff. The Court expressly finds that Jennifer Camacho,
as the legal guardian of the minor plaintiff, T.C., is the
proper party Plaintiff to prosecute any claims which T.C. may
have as a result of the injuries he sustained on or about
October 13, 2015.
minor plaintiff, T.C., is under the age of 19 years and was
injured in the motor vehicle accident on October 13, 2015.
minor plaintiff's legal guardian, Jennifer Camacho, has
incurred and sustained medical bills for the treatment of the
Court has further been informed that the minor plaintiff,
T.C., by and through his legal guardian, Jennifer Camacho,
has negotiated a proposed settlement of the claims for
personal injuries against the Defendant, Daniel Carl Ferrell.
The terms of this settlement are a “lump sum”
payment of Five Thousand Five Hundred Dollars ($5, 500.00) to
be paid as outlined in this Order. In consideration of the
terms set forth in this Order, all the claims of T.C., by and
through his legal guardian, Jennifer Camacho, against the
Defendant, Daniel Carl Ferrell, will be dismissed with
prejudice upon the entrance of this Order.
Court has appointed W. Allen Sheehan as Guardian Ad Litem for
the minor plaintiff, T.C. (Doc. 36). Attorney Sheehan has
communicated and discussed this case with both T.C., the
minor, and with Jennifer Camacho, the legal guardian. He has
reviewed all of the relevant medical records pertaining to
the care and treatment of T.C. Based on his representation,
he is satisfied that the settlement is in the best interests
of the minor.
Court has conducted a thorough hearing and a detailed review
of the materials submitted to familiarize itself with the
facts and circumstances of the minor Plaintiff's claims.
The Court has been tendered and has considered the medical
records concerning the minor Plaintiff's injuries.
Court has had the ability to question the minor Plaintiff via
telephone and is fully cognizant of the nature and severity
of T.C.'s injuries.
Court is also aware, however, of the questions as to whether
Defendant, Daniel Carl Ferrell, is liable for the minor
Court has reviewed these matters, via telephone, with
Jennifer Camacho, the legal guardian of the minor plaintiff,
T.C., and is satisfied that she understands them and
understands and approves the proposed settlement agreement.
Court understands that the proposed settlement on behalf of
the minor plaintiff, T.C., is a “lump sum”
payment of $5, 500.00, and the Court finds that in
considering all the factors including the type of injury
sustained and the disputed liability that the settlement is
fair and reasonable, and the Court specifically approves the
form of such settlement.
Based on the foregoing considerations, the Court finds that
the proposed settlement of the minor Plaintiff's personal
injury claims against Defendant, Daniel Carl Ferrell, is
clearly in the best interest of the minor Plaintiff and
should be ...