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STATE OF MICHIGAN
IN THE PROBATE COURT FOR THE COUNTY OF WAYNE
In Re: Estate of William Henry Marshall Deceased, Case No. 17-833751-DE Hon. Freddie G. Burton, Jr.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
Fieger, Fieger, Kenney & Harrington, P.C.
Co-Counsel for the Estate
19390 West 10 Mile Road
Southfield, MI 48075
Fax: 248-***-****
ad0ih4@r.postjobfree.com
KARRI MITCHELL (P42028)
Law Offices of Karri Mitchell
Co-Counsel for the Estate
21900 Greenfield Rd
Oak Park, MI 48237-2577
ad0ih4@r.postjobfree.com
GREGORY A. ROBERTS
Cummings, McClorey, Davis & Acho
Counsel for Westland Police Department
17436 College Pkwy
Livonia, MI 48152-2363
ad0ih4@r.postjobfree.com
PETITION TO APPROVE DISTRIBUTION OF
WRONGFUL DEATH SETTLEMENT PROCEEDS TO THE
ESTATE OF WILLIAM MARSHALL, DECEASED
NOW COMES the Petitioner, the Estate of William Henry Marshall, Deceased, by and through their counsel, Fieger, Fieger, Kenney & Harrington, P.C., and Law Offices of Karri Mitchell, and in support of their Petition to Approve Distribution of Wrongful Death Settlement Proceeds to the Estate of William Marshall, Deceased, states as follows:
1. This is a tragic 42 USC § 1983 excessive force and deliberate indifference civil rights case involving 35 year old William Marshall, who died while in the custody of the City of Westland Police Department.
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2. William Henry Marshall’s father, William Marshall, was appointed Personal Representative to the Estate of William Henry Marshall, Deceased, on January 30, 2018, by this Honorable Court.
3. This is a presuit matter that underwent facilitation with Retired Judge Daniel P. Ryan on Tuesday, March 20, 2018. Although the matter did not resolve at the facilitation, negotiations continued and the parties reached a settlement on March 27, 2018, in the amount of Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000.00).
4. Notice of this hearing has been given to all legal heirs under the Michigan Wrongful Death Act, and the Personal Representative knows of no other parties entitled to notice. (Exhibit A- Waiver/Consents Directed to Heirs) 5. This Honorable Court conducted a hearing on May 9, 2018, approving the settlement and distribution of the attorney costs and fees only, as it is in the best interest of the Estate of William Henry Marshall, Deceased (Exhibit B – Order of May 25, 2018).
6. That Plaintiff respectfully requests that the remaining balance of the settlement proceeds in the amount of $2,497,746.05, will be distributed in the following manner, which has been approved and agreed to by all heirs to the Estate of William Marshall, Deceased:
i. William Marshall (Father/PR) 199,746.05 ii. Demond Marshall (Brother) 30,000.00 iii. Loletha Jones (Sister) 7,500.00 iv. Sanniyah Jackson (Sister) 7,500.00
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v. Sonja Marshall (Minor Child) 536,250.00 vi. Tija Marshall (Minor Child) $536,250.00 vii. Zyheir Marshall (Minor Child)* 536,250.00 viii. Paris Marshall (Minor Child) 536,250.00 ix. Dorian Skinner (Minor Child) 100,000.00 x. Doretha Scott 0.00
xi. Valerie Marshall 0.00
xii. Cynthia Marshall 0.00
7. The remaining funds in the amount of $8,000.00 is to be held for payment of the Guardian Ad Litem fees and Special Needs Trust related attorney fees. If there is a balance after payment of same, that will be distributed directly to the Personal Representative, William Marshall.
8. The Petitioners request that no monies be awarded to the Estate on the account of conscious pain and suffering.
10. All reasonable funeral and burial expenses have been paid. 11. The above statements are true to the best of the Petitioners’ knowledge and belief.
12. The proposed Order Approving the Distribution of Wrongful Death Settlement Proceeds is attached as Exhibit C.
WHEREFORE, Petitioners respectfully request that this Honorable Court approve this distribution as it is in the best interest of the Estate.
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*Denotes that all minor children will be placing their proceeds into a structured settlement, which will be provided at the time of the hearing to approve the distribution. Respectfully submitted by,
.
JAMES J. HARRINGTON, IV (P65351)
GEOFFREY N. FIEGER (P30441)
Fieger, Fieger, Kenney & Harrington
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
Fax: 248-***-****
Karri Mitchell (P42028)
Law Offices of Karri Mitchell
Co-Counsel for the Estate
21900 Greenfield Rd
Oak Park, MI 48237-2577
ad0ih4@r.postjobfree.com
Dated: July, 2018
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STATE OF MICHIGAN
IN THE PROBATE COURT FOR THE COUNTY OF WAYNE
In Re: Estate of William Henry Marshall Deceased, Case No. 17-833751-DE Hon. Freddie G. Burton, Jr.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
Fieger, Fieger, Kenney & Harrington, P.C.
Co-Counsel for the Estate
19390 West 10 Mile Road
Southfield, MI 48075
Fax: 248-***-****
ad0ih4@r.postjobfree.com
KARRI MITCHELL (P42028)
Law Offices of Karri Mitchell
Co-Counsel for the Estate
21900 Greenfield Rd
Oak Park, MI 48237-2577
ad0ih4@r.postjobfree.com
GREGORY A. ROBERTS
Cummings, McClorey, Davis & Acho
Counsel for Westland Police Department
17436 College Pkwy
Livonia, MI 48152-2363
ad0ih4@r.postjobfree.com
BRIEF IN SUPPORT OF AMENDED PETITION TO APPROVE
DISTRIBUTION OF SETTLEMENT PROCEEDS
The Petitioners rely upon MCL 600.2922(2) in support of their Amended Petition to Approve Distribution of Wrongful Death Settlement Proceeds to the Estate of William Henry Marshall, Deceased.
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Respectfully submitted by,
.
JAMES J. HARRINGTON, IV (P65351)
GEOFFREY N. FIEGER (P30441)
Fieger, Fieger, Kenney & Harrington
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
Fax: 248-***-****
Karri Mitchell (P42028)
Law Offices of Karri Mitchell
Co-Counsel for the Estate
21900 Greenfield Rd
Oak Park, MI 48237-2577
ad0ih4@r.postjobfree.com
Dated: July, 2018
{00587987.DOCX}
STATE OF MICHIGAN
IN THE PROBATE COURT FOR THE COUNTY OF WAYNE
In Re: Estate of William Henry Marshall Deceased, Case No. 17-833751-DE Hon. Freddie G. Burton, Jr.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
Fieger, Fieger, Kenney & Harrington, P.C.
Co-Counsel for the Estate
19390 West 10 Mile Road
Southfield, MI 48075
Fax: 248-***-****
ad0ih4@r.postjobfree.com
KARRI MITCHELL (P42028)
Law Offices of Karri Mitchell
Co-Counsel for the Estate
21900 Greenfield Rd
Oak Park, MI 48237-2577
ad0ih4@r.postjobfree.com
GREGORY A. ROBERTS
Cummings, McClorey, Davis & Acho
Counsel for Westland Police Department
17436 College Pkwy
Livonia, MI 48152-2363
ad0ih4@r.postjobfree.com
ORDER GRANTING PETITION TO APPROVE DISTRIBUTION OF WRONGFUL DEATH SETTLEMENT PROCEEDS
At a session of said Court held in the
City of Detroit, County of Wayne, State of Michigan On:, 2018
PRESENT: HON.
PROBATE COURT JUDGE
This matter having come before the Court on the Petition to Approve Distribution of Wrongful Death Settlement to the Estate of William Marshall, Deceased, and the Court being otherwise fully advised on the premises; IT IS HEREBY ORDERED that the net settlement proceeds of $2,497,746.05 will be distributed to the Estate of William Marshall, Deceased, as follows:
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i. William Marshall (Father/PR) 199,746.05 ii. Demond Marshall (Brother) 30,000.00 iii. Loletha Jones (Sister) 7,500.00 iv. Sanniyah Jackson (Sister) 7,500.00 v. Sonja Marshall (Minor Child) 536,250.00 vi. Tija Marshall (Minor Child) $536,250.00 vii. Zyheir Marshall (Minor Child)* 536,250.00 viii. Paris Marshall (Minor Child) 536,250.00 ix. Dorian Skinner (Minor Child) 100,000.00 x. Doretha Scott 0.00
xi. Valerie Marshall 0.00
xii. Cynthia Marshall 0.00
IT IS FURTHER ORDERED that the remaining funds in the amount of $8,000.00 is to be held for payment of the Guardian Ad Litem fees and Special Needs Trust related attorney fees. If there is a balance after payment of same, that will be distributed directly to the Personal Representative, William Marshall.
IT IS FURTHER ORDERED that no monies be awarded to the Estate on the account of conscious pain and suffering.
IT IS FURTHER ORDERED that all reasonable funeral and burial expenses have been paid in full.
This is not the final Order and does not close the case.
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PROBATE COURT JUDGE
*Denotes that all minor children will be placing their proceeds into a structured settlement, which will be provided at the time of the hearing to approve the distribution.
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