Filed: Dec. 02, 2016
Latest Update: Dec. 02, 2016
Summary: DISTRIBUTION ORDER DAVID R. HERNDON , District Judge . This matter comes before the Court following the November 30, 2016 hearing for distribution of the wrongful death judgment entered in this case on October 18, 2016. Pursuant to the Illinois Wrongful Death Act 740 ILCS 180/2, the Court finds that the next-of-kin of the deceased Hasib Karahodzic to be his surviving spouse, Esma Karahodzic, and his three children, Edin Karahodzic, Selvedin Karahodzic, and Edina Karahodzic. Pursuant to the
Summary: DISTRIBUTION ORDER DAVID R. HERNDON , District Judge . This matter comes before the Court following the November 30, 2016 hearing for distribution of the wrongful death judgment entered in this case on October 18, 2016. Pursuant to the Illinois Wrongful Death Act 740 ILCS 180/2, the Court finds that the next-of-kin of the deceased Hasib Karahodzic to be his surviving spouse, Esma Karahodzic, and his three children, Edin Karahodzic, Selvedin Karahodzic, and Edina Karahodzic. Pursuant to the ..
More
DISTRIBUTION ORDER
DAVID R. HERNDON, District Judge.
This matter comes before the Court following the November 30, 2016 hearing for distribution of the wrongful death judgment entered in this case on October 18, 2016. Pursuant to the Illinois Wrongful Death Act 740 ILCS 180/2, the Court finds that the next-of-kin of the deceased Hasib Karahodzic to be his surviving spouse, Esma Karahodzic, and his three children, Edin Karahodzic, Selvedin Karahodzic, and Edina Karahodzic. Pursuant to the evidence taken at the trial of this matter of which the Court takes judicial notice as well as the testimony offered during the November 30, 2016 hearing and signed agreements of the aforementioned family members (Exhibit 1&2), and in consultation with counsel, the Court determines that a division of the Wrongful Death Judgment is appropriate as follows:
1. The Law Offices of Frank Niesen, Jr., is ordered to receive thirty-three and one-third (33 1/3%) of the judgment for attorney's fees ($916,666.67 exclusive of any interest accrued) pursuant to the contract with the aforementioned family members.
2. The Law Offices of Frank Niesen, Jr., is ordered to receive $136,165.20, exclusive of costs of appeal, which is 81.5% of the total expenses for this litigation as to the wrongful death judgment, as agreed upon by the family members (Exhibit 2).
3. Esma Karahodzic, Hasib's widow, pursuant to the testimony of the family offered at the hearing and their agreement (Exhibit 1), is ordered to receive 35% ($594,008.85, exclusive of any interest accrued) of the total remaining wrongful death judgment after attorney's fees and expenses are deducted.
4. Edina Karahodzic, Hasib's youngest child, pursuant to the testimony of the family offered at the hearing and their agreement (Exhibit 1), is ordered to receive 25% ($424,492.03, exclusive of any interest accrued) of the total remaining wrongful death judgment after attorney's fees and expenses are deducted.
5. Selvedin Karahodzic, Hasib's middle child, pursuant to the testimony of the family offered at the hearing and their agreement (Exhibit 1), is ordered to receive 20% ($339,433.63, exclusive of any interest accrued) of the total remaining wrongful death judgment after attorney's fees and expenses are deducted.
6. Edin Karahodzic, Hasib's oldest child, pursuant to the testimony of the family offered at the hearing and their agreement (Exhibit 1), is ordered to receive 20% ($339,433.63, exclusive of any interest accrued) of the total remaining wrongful death judgment after attorney's fees and expenses are deducted.
The Court further finds that the above distribution represents a fair and equitable distribution of the Wrongful Death Judgment in this case, and is based on each family member's percentage of dependence on the decedent pursuant the Illinois Wrongful Death Act 740 ILCS 180/2.
IT IS SO ORDERED.
AGREEMENT AS TO ALLOCATION OF WRONGFUL DEATH JUDGMENT FOR KARAHODZIC, ET. AL. V. .113S CARRIERS, INC., ET. AL
We, the undersigned relatives of Hasib Karahodzic, deceased, hereby agree to the following division of the wrongful death judgment RE: Hasib Karahodzic after attorney fees and expenses have been deducted:
Esma Karahodzic: 35%
Edin Karahodzic: 20%
Selvedin Karahodzic: 20%
Edina Karahodzic: 25%
We have agreed upon this percentage split because it represents the percentage of dependency of each of us on Hasib Karahodzic, deceased.
Accepted and agreed to by:
_______________________ 11-26-2016
Esma Karahodzic Date
_______________________ 11-26-2016
Edin Karahodzic Date
_______________________
Selvedin Karahodzic 11-26-2016
Date
_______________________
Edina Karahodzic 11-26-2016
Date
AGREEMENT AS TO ALLOCATION OF FILE EXPENSES FOR KARAHODZIC, ET. AL. V. JBS CARRIERS, INC., ET. AL
We, the undersigned relatives of Hasib Karahodzic, deceased, hereby agree to the division of file expenses as follows with respect to the wrongful death claim RE: Hasib Karahodzic and Edin Karahodzic's "Rescue Doctrine" claim:
81.5% of the file expenses shall be deducted from the wrongful death claim, from which all of us will receive a share after attorney fees and expenses.
18.5% of the file expenses will be deducted from Edin Karahodzic's "Rescue Doctrine" claim, from which he alone will receive money after attorney fees and expenses.
We have agreed upon this percentage split because the "Rescue Doctrine" judgment in favor of Edin Karahodzic, individually is 18.5% of the sum of the total judgments in this litigation, and that the wrongful death judgment is 81.5% of the total judgments in this litigation.
Accepted and agreed to by:
_______________________ 11-26-2016
Esma Karahodzic Date
_______________________ 11-26-2016
Edin Karahodzic Date
_______________________
Selvedin Karahodzic 11-26-2016
Date
_______________________
Edina Karahodzic 11-26-2016
Date
