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ORDER CASE N0: 78-3 CA
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' the testimony of LOUIS M.,SILBER, ESQUIRE~ a qualified ,
expert Attorney at Law~ who tes y deposition that the I
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,Sli~ value of the P1 s case was between $85,000.00 and
4. There was a settle~nnent of this litigation against ;
, the Defendants~ JAMES HARRY and MARY HOWARD HARRY, in the
amount of $15.000.00, which was the limits of insurance coverage;
$100.00 was expended in Court costs and there was a$6,000.00
attorneys' fee~ leaving to the Plaintiff, THEODORE GILCHIRST, -
the net sum of $8,900.00. The Court finds that the said costs
and fee are fair and reasonable in this cause.
5. Based upon the testi.mony of the Plaintiff,
THEODORE GILCHRIST, and the depositions of DR. GEORGE A. TURMAIL
and DR. FRANK MURPHY, which are in evidence, I find that this
cause, had it gone to a jury, had a jury value of $70,000.00.
Applying the formula set forth in National Ben Franklin Insurance
Company v. Hall, 340 So. 2nd 1269 (4th DCA, 1976), I find that
the amount of equitable distribution due to AMERICAN HOME
ASSURANCE COMPANY, is the sum of $1,631.30, which shall be paid
~ by the Plaintiff, THEODORE GILCHRIST, to AMERICAN HOME ASSURANCE
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COMPANY, out of the proceeds of his settlement with the Defen-
~ dats herein. This amount is equivalent to a recovery by AMERICAN
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~ HOME ASSURANCE COMPANY of 12.7% of the benefits paid to the
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~ Plaintiff. AMERICAN HOME ASSURANCE COMPANY shall be entitled
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~ to equitable distribution in the future equivalent to 12.7% of
~ any permanent partial disability benefits paid after the date
~ of this Order.
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~ 6. The Court reserves jurisdiction to assess attorneys"
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fees and Court costs upon motion by either party.
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F DONE AND ORDERED in Chambers, Fort Pierce, St. Lucie
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; County, Florida, this day of M~ , A.D., 1979.
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~ Copies Furnished to : a~ : ~4
~ Vincent A. Lloyd, Esquire 1919~~~~~_ Z2 .
~ Osborne W. 0 Quinn, Esquire ~ ,«,,,,~E~
~ L. C. Sheppard, Esquire '4~~~ '~~=D ~'cr~:~f't•fzr~_
€ 282 S ROGER POITRAS
~ o ~LERK CtRtUt? CO T
~ BQRK ~t7 PACE R~CCPD VER~FtE@-- '
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