UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SUETTA SMITH, as Personal 

Representative of the Estate of 

BRENDA SUE SMITH, Deceased,

Case Number 09-10648

Plaintiff, Honorable David M. Lawson

COUNTY OF LENAWEE, SERGEANT 

J. CRAIG, OFFICER WENDY 

VANDERPOOL, and JEFFREY

STICKNEY, D.O.,

Defendants,

_________________________________/

ORDER APPROVING SETTLEMENT AND DISMISSING CASE

This matter came before the Court on the plaintiff’s motion to approve a settlement. The

plaintiff alleged that the deceased Brenda Sue Smith died while in custody at the Lenawee County

Jail due to the deliberate indifference of the defendants to her progressive and ultimately fatal

medical distress caused by severe alcohol withdrawal. Plaintiff Suetta Smith, the personal

representative of the deceased’s estate, sought permission to settle the matter and agree to a

dismissal of the action. Because the estate includes the interest of the deceased’s minor child, the

Court appointed Brian J. Casey as guardian ad litem to advise the Court whether the settlement is

fair and the distribution of the settlement funds appropriate. On September 11, 2013, Mr. Casey

filed his report, in which he concluded that the settlement in this case is fair, adequate, and in the

minor’s best interest. Mr. Casey also states that the costs expended by the plaintiffs’ attorneys were

reasonable and necessary to prosecute the action, and the proposed attorney fee to be paid from the

settlement proceeds is in an amount that corresponds to the fee agreement and otherwise is

reasonable.

2:09-cv-10648-DML-MJH Doc # 193 Filed 09/13/13 Pg 1 of 4 Pg ID 3819
The minor child lives with his father and step-mother in Riverview, Michigan. The portion

of the settlement proceeds to be distributed to the minor will be tendered to a conservator appointed

by the appropriate Michigan probate court, and no distributions will occur until the conservatorship

has been established. Alternatively, the defendants may pay a portion of the settlement into an

annuity for the benefit of the minor child. In any event, there will be no distribution until further

order of the Court. After considering the terms of the settlement and the recommendation of the

guardian ad litem, the Court finds that the settlement is in the best interests of the minor child. The

terms are reasonable to all interested parties. The settlement is adequate and fair.

Accordingly, it is ORDERED that the plaintiff’s motion to approve the settlement [dkt.

#191] is GRANTED IN PART and the settlement in the amount of $1,230,000 is APPROVED. 

The following fees and expenses are approved:

a. Payable to Kenneth D. Finegood, PLC for costs expended: $ 30,126.18

b. Payable to Brian J. Casey, guardian ad litem, for fees: $ 1,800.00 

c. Payable to Kenneth D. Finegood, PLC as an attorney fee: $ 399,357.94

d. Payable to Katherine Smith for burial expenses: $ 1,900.00

e. Payable to Charles Smith for burial expenses: $ 5,826.20

It is further ORDERED that the net proceeds of $790,989.68 shall not be distributed until

further order of the Court.

It is further ORDERED that counsel for the plaintiff shall pay the guardian ad litem his fee

of $1,800 forthwith.

It is further ORDERED that the defendants shall not tender any settlement funds to the

plaintiff or her attorney until further order of the Court.

-2-

2:09-cv-10648-DML-MJH Doc # 193 Filed 09/13/13 Pg 2 of 4 Pg ID 3820
It is further ORDERED that plaintiff Suetta Smith, for herself and as personal representative

of the estate of Brenda Sue Smith, deceased, is hereby authorized and empowered to settle and

compromise any and all claims and potential claims arising out of the plaintiff’s allegations against

the defendants.

It is further ORDERED that plaintiff Suetta Smith is authorized and empowered to execute

and deliver any and all agreements and releases to accomplish the full, final, and complete

settlement and satisfaction of all claims on behalf of herself and as personal representative of the

estate of Brenda Sue Smith, deceased, and discharge all liability of the defendants except as set forth

in this order; and to lodge those executed documents with her attorney, who shall tender them to the

defendants upon receipt of the settlement proceeds.

It is further ORDERED that plaintiff Suetta Smith shall, pursuant to Mich. Comp. Laws §

600.2922 et seq., file a motion with this Court forthwith for distribution of the net settlement

proceeds.

It is further ORDERED that no distribution of the settlement proceeds may occur until a

conservatorship has been established for the benefit of B.J.S., a minor, and a conservator has been

duly appointed and qualified by the appropriate probate court in the state of Michigan.

It is further ORDERED that the matter is DISMISSED WITH PREJUDICE. However,

the Court shall retain jurisdiction to enforce the terms of the settlement and approve the distribution

of the settlement proceeds.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: September 13, 2013

-3-

2:09-cv-10648-DML-MJH Doc # 193 Filed 09/13/13 Pg 3 of 4 Pg ID 3821
PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on September 13, 2013.

s/Shawntel Jackson 

SHAWNTEL JACKSON

-4-

2:09-cv-10648-DML-MJH Doc # 193 Filed 09/13/13 Pg 4 of 4 Pg ID 3822