Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 3




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          Kimberly and her sister.1  As guardian of the estates, Society              
          National sued Conrail and threatened to sue Swank.                          
               Swank settled first, in September 1991, for $100,000.  The             
          Probate Court approved the allocation of this recovery among                
          unpaid attorneys’ fees and expenses, compensation to Kimberly’s             
          parents for loss of consortium,2 and compensation to Kimberly for           
          her injuries.                                                               
               Next to settle, in April 1993, was the Hickses’ own car                
          insurance carrier with whom they had filed a claim.  This claim             
          was also settled for $100,000.  The probate court again approved            
          the settlement, but this time authorized Society National to use            
          the full amount for litigation expenses against Conrail.                    
               This left Conrail, which faced the largest liability,                  
          fighting hard to avoid it.  The Hickses and Society National’s              
          suit against Conrail sought damages for medical expenses, pain              
          and suffering, and Clyde’s loss of consortium from Kimberly.                


               1 Ohio family law distinguishes guardians with “custody and            
          maintenance” from guardians of an “estate”.  A guardian with                
          custody and maintenance has such duties as protecting his ward,             
          providing her an adequate education if she is a minor, and                  
          supervising her medical care.  Ohio Rev. Code Ann. sec. 2111.13             
          (LexisNexis Supp. 2007).  The guardian of an estate has the legal           
          duty to manage the estate for the ward’s best interest subject to           
          court supervision.  Ohio Rev. Code Ann. sec. 2111.14 (Anderson              
          2002).                                                                      
               2 Ohio courts recognize parents’ right to recover damages              
          for physical injury to their minor child, terming such claims               
          “loss of filial consortium.”  “Consortium” includes “services,              
          society, companionship, comfort, love and solace.”  Gallimore v.            
          Children’s Hosp. Med. Ctr., 617 N.E.2d 1052, 1054 (Ohio 1993).              





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