14.0 (Rev. 1-2015) PROBATE COURT OF FRANKLIN COUNTY, OHIO ROBERT G. MONTGOMERY, JUDGE ESTATEOF_________———TyerJanel_—— CEASED CASE NO. sooo APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL CLAIMS [R.C.2117.05, 2125.02, 2125.03, Civ. R. 19.1 and Sup. R. 70] ‘The fiduciary states: [Check whichever of the following are applicable, strike inapplicable words, and incor- porate all attachments Into a single statement.] There is an offer of XH (partial) settlement without suit being filed. ‘There is an offer of (full) (partial) settlement after suit was filed. The style of the case, the court and the case number being 1 A judgment nas been recovered for damages for decedent's wrongful death (and personal injury and property damage arising out of the same act and which survive the decedent). The amount of the settlement or judgment is $271,195.40 _ This Is a partial settlement and therefore the estate must remain open pending final disposition of the claims. The offer includes, or the judgment sets forth separately, reasonable funeral and burial expenses in the amount cig ooo meee C1 Reasonable compensation for the fiduciary’s services rendered is $___ and an itemization of such services is attached. C2 outstanding hospital and medical bills in the amount of $___and an itemization of such bills is attached. 1 outstanding claims to a right of subrogation for the payment of hospital and medical bills in the amount of $____ and an itemization of such is attached. 1 A reasonable attorney fees for the attorney's services is $_217798-85 _ ang reimbursement to the attorney for case expenses is $63,438.98 __4 copy of the attorney's fee contract that (has) (has not) received prior approval of this Court, subject to modification, and an itemization of case expenses are attached custouencory #1 WAR 23-2018 Tre nt proceeds of 870,788.59 spout ne atocated 587078859 id na wenegtateg ctor ee -0- Frankin County Probate Court s___& ___to the survival action. A statement in support thereof Is attached O other: FORM 14.0 - APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION WRONGFUL DEATH AND SURVIVAL CLAIMS (Page 1CASE NO. iced A statement in support of the proffered settlement is attached CO Supplemental forms required by local rule of court are attached, © Allof the beneficiaries of the wrongful death action are on an equal degree of consanguinity, are adults, and have agreed how the net proceeds allocated to the wrongful death claim are to be distributed 1 The beneficiaries ofthe wrongful death action are nt all on an equal degree of consanguinity or ane or more of tho beneficiaries is a minor or the beneficiaries have nol agreed how tne net proceeds are To be distributed ‘The surviving spouse, children and parents of the decedent and other next of kin who have suffered damages by reason of the wrongful death are as follows and the distribution should be as follows: Name Residence Relationship Birthdate. Amount ‘Address to Docedent of Minor mn Leaf Amber Duffield Goiuniemoeiasson mother A Ted 35 Broadmeadows Boulevard #30 Anthony Jarrell Gout On aaa father A TBD C2 The survival claim beneficiaries are as follows: Name Residence Relationship Birthdate Amount Address to Decedent of Minor ‘The fiduciary requests that the Court approve the application and authorize the fiduciary to execute a (complete) (partial) release which upon payment of the settlement shall be a (complete) (partial) discharge of the claim, Fiduciary Jay €. Michael ‘Attorney Registration No, ENTRY SETTING HEARING AND ORDERING NOTICE The Cour sets L Zo1s at o'clock P.M. as the date ‘and time for hearing the doove application and orders notice to be given by the fiduciary, as provided in Rules of Givil Procedure, to the wrongful death and survival claim beneficiaries who have not waived Robert 6. Montgor Probate Judge FORM 14.0 - APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION WRONGFUL DEATH AND SURVIVAL CLAIMS Wage 2)CLOSING STATEMENT FOR The Estate of Tyler Jarrell Date of Loss: 7/26/17 Today's Date: 3/12/2018 Settlement Amount* ‘*This is a partial Closing Statement as we are continuing the case against KMG and other potential defendants. 586445, 1,271,195.40 Legal Fee-25% kitrick, Lewis, & Harris Co., LPA $317,798.85, Total Fee $317,798.85 Balance $953,396.55 Funeral costs to be paid back to Amber Duffield $19,168.98 Total Paid Costs to be Paid back to Amber Duffield ‘$19,168.98 Balance $934,227.57 Case Expenses Ace Investigations $ 4,797:19 Appel & Hellstedt $ 4,076.00 Best Courier $ 52.58 CBS Agency $ 100.00 Client Postage $ 15.64 Fleisher Communications Group $10,434.38 Franklin County Clerk of Courts $ 4.50 HJ. Bressler Mediation $ 850.00 Introtech, Inc. S$ 18,659.74 Military Experts, LLC $ 2,080.00 NJ Business Services $ 81.70 ‘O'Donnell Consulting Engineers $ 7,500.00 Parking $ 6.00 Attorney meeting $ 28156 Robson Forensic $ 10,997.24 Schermer & Hanson LLC-Mediation $ 485,00 Spectrum Reporting S$ 2,993.75 Inspection meal $ 17.05 usps $ 6.65 Jay Michael 8D Total Case Expenses** $63,438.98 Balance to client $870,788.59 '** All Lobbying Costs for new legislation will be done pro bono. custoltcory fff MAR 23 2018 fans586445, Client: KLM: Respectfully Submitted For Our Client By Kitrick, Lewis & Harris Co. LP.A. custoueoory HT MAR 23 2018Sek Lew, Har Ca LPA milan IN THE PROBATE COURT OF FRANKLIN COUNTY, OHIO The Estate of Tyler Jarrell, Deceased by and through Administrator, Jay E. Michael Case No.: 586445 Judge Robert G. Montgomery NARRATIVE IN SUPPORT OF PARTIAL RESOLUTION 1 Introduction 1 a wrongful death action. On July 26, 2017, Tyler Jarrell’s family suffered the devastating, untimely loss of Tyler Jarrell as a result of the Fireball i nt that took place at the Ohio State Fair. At the time of his untimely death, Tyler Jarrell was 18 years old. He was a senior at Franklin Heights High School, where he was a 4 year member of the NJROTC. He was also a4 year member of the Active Quarter Master Explorers with The Columbus Division of Police, and he had just enlisted July 21, 2017 with the U.S. Marine Corps and would have begun his service this year. If that was not enough, Tyler also worked part time at McDonald's on Stringtown Road in Grove City. Tyler had an extremely bright future, he was der ited to serving others, and he was loved and respected by his family and many friends. Tyler was an amazing young man- he was what every parent hopes and dreams their child will be. Il, Claims and Counsel This partial resolution is brought on behalf of the Estate of Tyler Jarrell. = custouencory #1 MAR 23 2018 Eerescae oaeeta$e, Levis, Hart Co, LPA sc itlaw.com SBA After Tyler's tragic death in July, his mother, Amber Duffield, met with Mark Kitrick and Mark Lewis of Kitrick, Lewis & Harris Co., LPA (“Counsel”) to proceed on all civil | litigation matters relevant to Tyler’s sudden, horrible demise. On August 25, 2017, this } court appointed Attorney Jay E. Michael Administrator ofthe Estate, and Attorney Michael retained Counsel to represent the Estate for all civil litigation matters. Since July of 2017, Counsel performed an extensive investigation that included contacting all other entities investigating the Fireball incident, inspected the Fireball ride, contacted many witnesses, ascertained potential defendants, liaised routinely and regularly with counsel for other claimants, retained numerous experts, negotiated with defense counsel, examined complex choice of law issues, and conducted significant legal research, among many other things. Further, Counsel corresponded with Adi istrator Jay Michael, Amber Duffield and counsel for Anthony Jarrell extensively, via phone, email and in person, regarding the status of the claim. After setting up a mediation that involved numerous parties, Counsel participated in negotiating and recommending this partial resolution, which Administrator Jay Michael approved, subject to this court’s approval. ML Conclusion The case is now presented for approval of a parti fesolution of $1,271,195.40, with counsel being paid a 25% contingency fee. Counsel will answer any questions the court may have. Kitrick, Lewis & Harris Co., L.P.A. i cuswolietcopy #1 MAR 23 2018 eter 6. Mego ecientF BOUYS ful > 7 Mark Kitrick (0000021) Mark Lewis (0067300) Elizabeth Mote (0086379) 445 Hutchinson Avenue, Suite 100 Columbus, Ohio 43235 Phone (614) 224-7711 Fax (614) 225-8985 mkitrick@kihlaw.com mlewis@kihlaw.com liz@kihlaw.com Counsel for Estate of Tyler Jarrell i custolencory #1 MAR 23 2018 robatsCourt