Key Points:

• Nature of the Case:
  • Application to approve a settlement for accident benefits under Rule 7.08 of the Rules of Civil Procedure.
  • The applicant, a minor, sustained significant injuries (ankle, wrist fracture, concussion) in a motor vehicle accident on September 17, 2021.
  • The settlement includes future medical/rehabilitation benefits and non-earner benefits (NEBs).
• Legal Representatives:
  • Applicant’s Counsel: Tania Fleming (paralegal).
• Proceedings:
  • The application was submitted in writing and required court approval due to the minor status of the applicant.

Court's Findings and Requirements:

• Deficiencies Noted:
  • The affidavit supporting the settlement was from a paralegal, not a lawyer, contrary to the requirements of Rule 7.08.
  • Missing essential documentation, such as:
    • A lawyer’s affidavit.
    • Proposed minutes of settlement.
    • Detailed explanations regarding NEBs and Attendant Care benefits.
    • Current status and impact of the minor’s injuries and treatment.
• Additional Information Required:
  • Detailed affidavit by a lawyer.
  • Explanation and justification of the settlement's fairness and why it is in the minor's best interest.
  • Clarification on the minor’s ongoing impairments and school performance.
  • Status and specifics of any related tort claim.
  • Dockets or detailed account of work completed on the case.
• Next Steps:
  • The motion is adjourned to January 8, 2024, for a written hearing.
  • Additional materials and affidavits must be submitted in compliance with the Rules of Civil Procedure.
• No monetary award was specified in the decision.
• The document does not explicitly state the final successful party because the court has not yet approved the settlement.