Amy Solek, Personal Representative of the Estate of Emily Victoria Solek v. K&B Transportation, Inc., an Iowa Corporation
2:21-cv-10442
E.D. Mich.Dec 8, 2022Background
- On June 19, 2020, 21‑year‑old University of Michigan student Emily Solek died when a semi‑truck driven by Johnny Stewart rear‑ended her stopped Jeep Cherokee; the truck was owned by K&B Transportation and Western Livestock Express was alleged employer.
- Amy Solek is the personal representative of Emily’s estate; Amy and Brent Solek (parents) sued for wrongful death in the Eastern District of Michigan.
- The parties reached a confidential global settlement of all claims; Plaintiffs filed an unopposed Motion to Approve Wrongful Death Settlement, for reimbursement of costs and payment of attorney fees, and for approval of distribution (ECF No. 107).
- The Court held a hearing on December 7, 2022; Amy and Brent Solek testified they understood the risks, voluntarily approved the settlement, and deemed it fair and in the estate’s best interests.
- All heirs identified under the Michigan Wrongful Death Act were given statutory notice, filed notarized consents to the proposed distribution, and waived attendance at the hearing.
- The Court reviewed confidential exhibits detailing the settlement, itemized expenses, and a one‑third contingency fee agreement, found costs and fees reasonable, approved the settlement and the proposed distribution, and ordered claims extinguished with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court approval of wrongful‑death settlement under Mich. Comp. Laws § 600.2922 | Amy (as personal representative) contends settlement is fair and in estate’s best interest; heirs notified and consented | Defendants did not oppose | Court approved settlement as fair and equitable and granted motion |
| Approval/payment of attorney fees (contingent) and litigation costs | Counsel seeks one‑third contingency fee and reimbursement of itemized costs as reasonable and necessary | No opposition from defendants | Court found expenses necessary and the 1/3 contingency fee reasonable and approved disbursement |
| Notice to heirs and waiver of hearing rights; extinguishment of heirs’ claims | Heirs were served notice, filed notarized consents, and waived attendance | No opposition | Court held notice and consents satisfied statute; heirs’ claims extinguished with prejudice |
| Approval of distribution and tax characterization of net proceeds | Plaintiffs request distribution per Confidential Release and that net proceeds qualify as damages for physical injury under IRC §§ 104 and 130(c) | No opposition | Court approved distribution per agreement and accepted the stated tax characterization |
Key Cases Cited
- Robinson v. Fiedler, 870 F. Supp. 193 (W.D. Mich. 1994) (district court may approve wrongful‑death settlement and distribution under Michigan statute)
- Brereton v. United States, 973 F. Supp. 752 (E.D. Mich. 1997) (wrongful‑death recoveries in Michigan derive solely from the Wrongful Death Act)
- Frontier Ins. Co. v. Blaty, 454 F.3d 590 (6th Cir. 2006) (third category of wrongful‑death damages compensates estate/survivor losses)
- McTaggart v. Lindsey, 202 Mich. App. 612 (1993) (loss of society and companionship damages compensate destruction of family relationships)
- Crystal v. Hubbard, 414 Mich. 297 (1982) (discussing the nature of damages for loss of society and family relationships)