Dusza v. Allebach

14 Pa. D. & C.4th 405, 1992 Pa. Dist. & Cnty. Dec. LEXIS 304
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedMay 4, 1992
Docketno. 88-1102-12-2
StatusPublished

This text of 14 Pa. D. & C.4th 405 (Dusza v. Allebach) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dusza v. Allebach, 14 Pa. D. & C.4th 405, 1992 Pa. Dist. & Cnty. Dec. LEXIS 304 (Pa. Super. Ct. 1992).

Opinion

SOKOLOVE, J.,

This matter involves an appeal filed from this court’s order approving a [406]*406minor’s compromise settlement and the allocation of its proceeds.

A hearing was held by Judge R. Barry McAndrews on the plaintiffs’ petition to approve the compromise settlement of the minor’s claim for injuries sustained in an accident.

The settlement proposed a gross sum of $200,000 to be allocated as follows: $66,000 fee to counsel, $27,784.68 to Edward and Theresa Dusza, parents of the minor, $6,215.33 for “costs” paid by counsel and the balance of $99,954 to provide a structured settlement agreement on behalf of the minor.

After hearings held before Judge McAndrews, the total settlement of $200,000 was approved, but the court reduced the counsel fee to $50,000 (25 percent of the gross), allowed $4,435 to counsel for “expenses” and directed that $45,565 “be integrated into the structured settlement” provided for the minor. This was an “interim order” entered by Judge McAndrews on December 27, 1991.

Thereafter, Martin Ghen, counsel for the plaintiffs, moved for the appointment of a guardian ad litem for the minor and sought reconsideration of Judge McAndrews’ order. The matter was thereupon transferred to the Orphans’ Court for hearing on Mr. Ghen’s motion for reconsideration.

On February 13, 1992, we held a hearing on the motion. The findings we made had the following net effect:

We refused to reconsider Judge McAndrews finding that 25 percent was appropriate in this minor’s case, which was settled before trial.

[407]*407We refused to modify Judge McAndrews’ reduction of the “costs” or “expenses” payable to counsel from $6,215.32 claimed to $4,435 allowed.

We considered testimony from the parents of the injured minor as to certain out-of-pocket expenses incurred as a result of the minor’s injury. We refused to consider any “loss of consortium” by thp parents. We allowed the parents $6,221.19 based on transportation expense, some lost income for time spent at the hospital and some miscellaneous out-of-pocket costs.

Our order dated February 13,1992, provides the sum of $39,343.81 payable to the minor, in addition to the $99,954 originally invested on his behalf.

One of the questions presented at the hearing before us arises out of the inability to integrate the additional sum into the already purchased settlement contract provided by the insurer. We, therefore, provided that the $39,343.81 be placed in a restricted account in accordance with Pa.R.GP. 2039(b)(2).

An appeal to the Superior Court from our order of February 13, 1992, was filed by counsel “on behalf of the minor.”

Counsel’s statement of matters complained of on appeal alleges that this court abused its discretion in reducing counsel fees from $66,000 (about one-third) to $50,000 (25 percent) and in reducing reimbursement of “litigation expenses” to counsel by the amount of $1,780.32.

By order dated March 13,1992, we appointed Stephen B. Harris, guardian ad litem and counsel to represent the minor in the matter of this pending appeal.

[408]*408The fee of 25 percent of the gross value of the settlement was appropriately established by Judge McAndrews. Upon the submission of counsel’s petition for minor’s compromise, hearings were held on November 26 and December 27,1991. Counsel’s petition alleged, inter alia, that “[c]ounsel incurred time and expenses pursuing first and third party claims” involving 199 hours and that this time was spent “but not limited to the investigation and preparation of plaintiffs’ claim....”* (emphasis added) The petition further alleges that there was a contingent fee agreement providing for a fee of 45 percent of the sum recovered.

Pa.R.C.P. 2039 provides that:

“(a) No action to which a minor is a party shall be compromised, settled or discontinued except after approval by the court pursuant to a petition presented by the guardian of the minor.”

Subparagraph (b) of that rule then provides that the court shall:

“make an order approving or disapproving any agreement entered into by the guardian for payment out of the fund created by the compromise; or the court may make such order as it deems proper fixing counsel fees and other proper expenses....” (emphasis supplied)

Bucks County Local Rule 2Q39(a)

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Cite This Page — Counsel Stack

Bluebook (online)
14 Pa. D. & C.4th 405, 1992 Pa. Dist. & Cnty. Dec. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dusza-v-allebach-pactcomplbucks-1992.