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~ ` IN THE CIRCUIT COURT, IN AND FOR
ST. LUCIE COUNTX, FI,ORxDA. ~
CASE NO.: 79-333 CA
HARRY HANSEL PICKLESIMER and
ELOISE R. PICKLESIMER, his wife,
Plaintiffs,
vs.
LEE BROCK and PHILLIP M. BAKER _
aBd OHIO CASUALTY INSURANCE COMPANY,
Defendants.
ORDER ON MOTION FOR EQUITABLE DISTRIBUTION
This cause coming on to be heard before this Court pursuant to
Petition for Equitable Distribution of the proceeds of a $100,000.00 }
settlement pursuant to 440.39, Florida Statutes, and the Court having
considered all the evidence and testimony presented, it is the findings
of this Court as follows:
FINDING OF FACT
The Court finds that HENRY PICKLESIMER suffered severe and permanent
injuries as a result of his severe Righ speed rear-end collision, as evi-
denced by the Nylene Test given by Dr. Hooshang Hooshmand, and as a result
of that accident, has sustained a substantial change in his life style,
is suffering and will continue to suffer much pain, has lost substantial
earnings over and above his compensation payments, and has been deprived
of much of the enjoyment of his life and has been deprived of many of his
social and recreational activities which were once great pleasure for him
i
in living his life. I, further, find and determine that Mr. Picklesimer's
i
wife, Eloise, suffered a substantial consortium loss of about $30,000.00,
and that loss in itself depletes much of the net proceeds of the settle-
ment received by Mr. and Mrs. Picklesimer in this case. I, further, find
that the only monies subject to equitable distribution is the net sum
payable to Mr. and Mrs. Picklesimer which is 565,891.71, and that it would
be inequitable to award any portions of that money to the workmen's com-
pensation carrier, as the monies received from Mr. and Mrs. Picklesimer
~ constitute only a small portion of the value of their claim.
CONCLUSION
It is therefore, the conclusion of this Court that the claim for
Equitable Distribution made in this case by the Workmen's Compensation
Insurance Carrier, through its attorney, Harry D. Robinson, Esquire, be,
and the same is hereby denied, and the Defendant's payment cf the monies
60~(c)~)c) PIGS
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