Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 6




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          blaming Theresa for the accident, and the Hickses’ medical                  
          insurer intervened to protect its subrogation rights.  Conrail              
          even won summary judgment before trial, though the Hickses got              
          that reversed on appeal.  This pretrial maneuvering looked like             
          it was headed to another round of appellate review, as both the             
          Hickses and Conrail had petitioned the Ohio Supreme Court to take           
          the case.  But then, in early 1994, Conrail offered to settle all           
          claims for $4,650,000.  It had already negotiated separate                  
          settlement of Blue Cross/Blue Shield’s subrogation claim, which             
          relieved the Hickses from having to split the proposed settlement           
          with their insurer.  But Conrail’s offer was a lump sum in                  
          exchange for a release--there is nothing in the record that shows           
          Conrail cared at all about how that lump sum would be split among           
          the Hickses or their various causes of action.                              
               This is where the Hickses’ lawyers showed considerable                 
          professionalism--instead of just taking a lump sum or negotiating           
          an ordinary structured settlement, they brought in a team of                
          specialists, one of whom was Thomas Baxter.  Baxter is an                   
          attorney with a practice at the intersection of health care,                
          trust, and probate law.  He focuses on the analysis and creation            
          of trusts for the benefit of severely disabled adult children               
          whose parents need help in navigating the complex and frequently            










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Last modified: November 10, 2007