Graham v. Dhar

• Court: District Court, S.D. West Virginia
• Decided: July 18, 2023
• Docket: 1:18-cv-00274
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JANET GRAHAM, Administratrix of the Estate of Edna Marie McNeely, Plaintiff, v. CIVIL ACTION NO. 1:18-00274 SUNIL KUMAR DHAR, M.D., et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is a petition to settle the wrongful death claim against all defendants. In that petition, the parties seek court approval of a settlement reached between plaintiff and defendants. The petition lists a number of potential beneficiaries of the decedent. There is nothing in the record to indicate whether those beneficiaries consent to the amount of the proposed settlement, only that they have not yet reached agreement as to the distribution of any settlement proceeds. In order for the court to approve the proposed settlement, the court wishes to ascertain whether the proposed beneficiaries have any objection to the settlement amount. See Stone v. CSX Transp., Inc., 10 F. Supp. 2d 602, 604 (S.D.W. Va. 1998) (“[A] wrongful death action exists for the benefit of a decedent’s beneficiaries. It is not a claim that belongs to the decedent’s estate.”). Therefore, the parties are directed to either submit something in writing to indicate whether the potential beneficiaries object to the proposed settlement amount or seek a hearing date where the court may make this inquiry. The Clerk is directed to send a copy of this Order to counsel of record and unrepresented parties. It is SO ORDERED this 18th day of July, 2023. BNTER: Raut O Dabo David A. Faber Senior United States District Judge