- 3 -
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).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 10, 2007