IN THE UNITED STATES DISTRICT COURT FOR 

THE MIDDLE DISTRICT OF ALABAMA 

 NORTHERN DIVISION

PROGRESSIVE AMERICAN )

INSURANCE COMPANY, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NUMBER:2:06cv717-1D

)

CAROL THORN; et al., )

)

Defendants. )

JOINT MOTION FOR ENTRY OF FINAL ORDER

COME NOW the plaintiff, Progressive American Insurance Company

(“Progressive”), and the de fendants, Dale Kirkindoll, Elizabeth S. Kirkindoll, and Thomas

Holt Kirkindoll (“the Kirkindolls”), and move the court to enter a final order which dismisses

this case and disburses the interpled funds, plus any accrued interest, to the Kirkindolls. In

support of the motion, Progressive and the Kirkindolls show unto the court as follows:

1. The Kirkindolls and LV Stabler Memorial Hospital are the only defendants

asserting claims to the interpled policy limits. 

2. The remaining defendants have been dismissed or default judgments have been

entered against them.

3. The attorney for LV Stabler Memorial Hospital has advised that it is not

asserting a claim to the interpled funds. 

Case 2:06-cv-00717-ID-SRW Document 101 Filed 12/21/2007 Page 1 of 3
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4. Therefore, the Kirkindolls are the only parties with valid claims to the interpled

funds.

5. Progressive and the Kirkindolls are attaching a proposed fina l order for the

convenience of the court.

 /s/ R. Larry Bradford 

 R. Larry Bradford , Attorney for Plaintiff,

Progressive American Insurance Company

Federal ID Number: asb-8038-f64r

OF COUNSEL:

Bradford & Sears, P.C.

2020 Canyon Road

Suite 100

Birmingham, AL 35216

(205) 871-7733

ebaggett@bradfordsears.com

 /s/ Mathew Richardson 

Mathew Richardson, Attorney for the

Defendants, Dale Kirkindoll, Elizabeth S.

Kirkindoll, and Thomas Holt Kirkindoll

 /s/ Sidney W. Jackson, III 

Sidney W. Jackson, III, Attorney for the

Defendants, Dale Kirkindoll, Elizabeth S.

Kirkindoll, and Thomas Holt Kirkindoll

OF COUNSEL:

Jackson, Foster & Graham

P.O. Box 2225

Mobile, AL 36602

Case 2:06-cv-00717-ID-SRW Document 101 Filed 12/21/2007 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that I have this the 21st day of December, 2007, served a copy of

the foregoing to all attorneys of record by placing a copy of same in the United States Mail,

postage prepaid and properly addressed as follows:

Ronald G. Davenport, Esq.

Rushton, Stakely, Johnston & Garrett, P.A.

P.O. Box 270

Montgomery, Alabama 36101-0270

Edgar M. Elliott, IV, Esq.

505 North 20TH Street, Suite 1800

Birmingham, Alabama 35203

Jimmie R. Ippolito, Jr., Esq.

1409 Coliseum Boulevard 

Montgomery, Alabama 36130

Greer B. Mallette, Esq.

Christian & Small, LLP 

505 20th Street North 

1800 Financial Center 

Birmingham, AL 35203-2695 

 /s/ R. Larry Bradford 

OF COUNSEL

Case 2:06-cv-00717-ID-SRW Document 101 Filed 12/21/2007 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT FOR 

THE MIDDLE DISTRICT OF ALABAMA 

 NORTHERN DIVISION

PROGRESSIVE AMERICAN )

INSURANCE COMPANY, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NUMBER:2:06cv717-1D

)

CAROL THORN; et al., )

)

Defendants. )

ORDER

THIS CAUSE coming on the interpleader complaint filed by the plaintiff, Progressive

American Insurance Company (“Progressive”) and the court, having considered the

complaint and arguments of counsel, makes the following findings of fact and conclusions

of law:

1. Progressive issued a policy of automobile insurance to Carol L. Thorn

(“Thorn”). 

2. Joleen Leea Colon (“Colon”) was involved in an automobile accident on I-65

near Evergreen in Butler County, Alabama. The accident occurred on December 26, 2004.

Colon is the daughter of Thorn and was covered under the Progressive policy issued to

Thorn.

3. The vehicle operated by Colon crossed the center line of the interstate, striking

a vehicle operated by Dale Eugene Kirkindoll, which, in turn, struck a vehicle driven by

James W. Griffin (“Griffin”). 

Case 2:06-cv-00717-ID-SRW Document 101-2 Filed 12/21/2007 Page 1 of 4
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4. Dale Kirkindoll’s passengers were Elizabeth Kirkindoll and Thomas Holt

Kirkindoll. They were a ll injured in the ac cident. 

5. Griffin’s passengers were Sandra L. Griffin, Patrick A. Belt, Christopher B.

Belt, and Gene E. Stegmaier. They were all injured in the accident.

6. Colon’s passengers were her minor children, William R. Klauss and Cherety

Thorn. Unfortunately, they were killed in the accident. 

7. It was believed that LV Stabler Memorial Hospital, BRPT Lake Rehabilitation

Center, Butler County Emergency Medical Services, Baton Rouge Clinic, Our Lady of the

Lake Regional Medical Center, Baton Rouge Orthopaedic Clinic, LLC, State Farm Health

Insurance, GEMS, Inc., Schumacher Medical Group of Alabama, and Southe rn National Life

Insurance Company had valid hospital liens or subrogation claims as a result of the medical

treatment rendered to some of the individuals injured in the a ccident.

8. Progressive received competing claims to the policy limits of the insurance

policy issued to Thorn. It deposited with the clerk of this court its checks totaling $100,000

which represented the liability coverage available under the policy.

9. Progressive filed an interpleader complaint and named as defendants all of the

individuals injured in the accident and the estates of the two individuals killed in the

accident. Progressive also named the entities believed to have valid hospital liens or

subrogation claims.

Case 2:06-cv-00717-ID-SRW Document 101-2 Filed 12/21/2007 Page 2 of 4
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9. Dale Kirkindoll, Elizabeth S. Kirkindoll, and Thomas Holt Kirkindoll filed

answers to Progressive’s interpleader complaint and asserted claims to the policy proceeds.

10. The defendant, LV Stabler Memorial Hospital, filed an answer to the

interpleader complaint. However, its attorney has advised that it is no longer asserting any

claim to the policy proceeds.

11. The remaining defendants did not file answers to Progressive’s interpleader

complaint. They have been dismissed as defendants. The court finds that they are not

entitled to any portion of the interpled funds. 

12. The court finds that Dale Kirkindoll, Elizabeth S. Kirkindoll, and Thomas Holt

Kirkindoll are the only parties with valid claims to the interpled funds.

It is therefore ORDERED that the c ircuit clerk is hereby directed to issue a check in

the amount of $100,000 plus any interest accrued, to the law firm of Jackson, Foster &

Graham, LLC, on behalf of Dale Kirkindoll, Elizabeth S. Kirkindoll, and Thomas Holt

Kirkindoll, and it is further 

ORDERED that Carol Thorn and Joleen Leea Colon are discharged from any further

liability as a result of the automobile accident which occurred on December 26, 2004 on I-65

in Butler County, Alabama, and it is further

ORDERED that Progressive American Insurance Company is discharged from any

further liability for payment of benefits under the automobile insurance policy issued to Carol

L. Thorn, and it is further

Case 2:06-cv-00717-ID-SRW Document 101-2 Filed 12/21/2007 Page 3 of 4
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ORDERED that this case is dismissed with prejudice, and it is further

ORDERED that costs are taxed as paid.

ORDERED this the _____ day of ________________, 2007.

___________________________________

SENIOR UNITED STATES 

DISTRICT JUDGE

Case 2:06-cv-00717-ID-SRW Document 101-2 Filed 12/21/2007 Page 4 of 4