Case 2:17-cv-12860-GAD-EAS ECF No. 119 filed 12/27/19 PageID.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MONIQUE GRIMES, as Personal

Representative of the Estate of
Damon Grimes, deceased,
No. 2:17-cv-12860
Plaintiff,
HON. GERSHWIN A. DRAIN
v.
consolidated with
TROOPER MARK BESSNER, Case No. 17-cv-13580
TROOPER ETHAN BERGER, and
SGT. JACOB LISS,

Defendants.

Geoffrey N. Fieger (P30441) Mark E. Donnelly (P39281)

James J. Harrington IV (P65351) John G. Fedynsky (P65232)
Fieger, Fieger, Kenney & Assistant Attorneys General
Harrington, P.C. Attorneys for Defendants Ethan
Attorneys for Plaintiff Berger and Jacob Liss
19390 West 10 Mile Road State Operations Division
Southfield, MI 48075 Lansing, MI 48909
248.355.5555 517.335.7573
__________________________________________________________________

PLAINTIFF’S MOTION TO APPROVE WRONGFUL DEATH

SETTLEMENT AND AUTHORIZE DISTRIBUTION OF SETTLEMENT
PROCEEDS

NOW COMES Plaintiff, MONIQUE GRIMES, as Personal

Representative of the Estate of Damon Grimes, Deceased, by and through

her attorneys, FIEGER, FIEGER, KENNEY & HARRINGTON, P.C., and for
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her Motion to Approve Wrongful Death Settlement and Authorize

Distribution of Settlement Proceeds, pursuant to MCL 600.2922, submits as

follows:

1. Plaintiff, as Personal Representative, filed a civil rights case pursuant

to 42 U.S.C. § 1983 regarding the death of Damon Grimes who was killed on

August 26, 2017, as a result of multiple alleged acts of misconduct by various

named Defendants.

2. After extensive discovery reaching over 40 depositions, the parties

have entered into a global settlement in the amount of 12,000,000.00, the

distribution of the total amount is set forth in the attached proposed Order

Approving Wrongful Death Settlement and Authorizing Distribution of

Settlement Proceeds (Exhibit A; herein after referred to as “Proposed

Order”).

3. Pursuant to MCL 600.2922, Plaintiff seeks authority from this Court to

effectuate the settlement and distribution of the settlement proceeds as

follows:

a. $132,369.85 payable to Fieger, Fieger, Kenney & Harrington, PC,

said sum representing the costs and expenses incurred and
expended in pursuing this matter;

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b. $3,922,543.38 payable to Fieger, Fieger, Kenney & Harrington,

PC, as set forth and agreed to in the terms of the executed
contingency fee agreement between Fieger, Fieger, Kenney &
Harrington, PC and Plaintiff;

c. $12,000.00 payable to Howard Linden for time and services spent

on the probate appointment;

d. $100,000.00 to be held in Plaintiff’s counsel’s client trust account

for 30 days to pay any outstanding costs, including but not
limited to outstanding costs not yet billed, the balance, reduced
by one-third attorney fee, to be paid to the Estate of Damon
Grimes1;

e. The balance of the net proceeds of $7,833,086.77 will be

distributed as follows:

i. Monique Grimes (Mother) $7,333,086.772

ii. Dezjanai Grimes (Sister) $250,000.00

iii. Dezanique Grimes (Sister) $250,000.00

iv. Brittany Winfield (half-sister) $0.00

1The balance of the future costs after the thirty-day expiration will be paid
directly to Monique Grimes.
2 Monique Grimes will be receiving $1,000,000.00 up-front and the balance
will be placed into a structured settlement to be presented to the Court prior
to the hearing on Plaintiff’s Motion to Approve Settlement and Distribution
of Settlement Proceeds.
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4. Plaintiff requests that no monies be awarded to the Estate of Damon

Grimes as to conscious pain and suffering. Further, all funeral and burial

and medical expenses have been paid.

5. Plaintiff submits that the settlement is fair, reasonable and in the best

interests of the Estate of Damon Grimes.

6. All applicable and required waiver and consent forms have been sent

to all heirs to the estate and once a date and time of hearing has been set by

the Court, Plaintiff’s counsel will notify them of the date and time of hearing.

Plaintiff’s counsel will present all waiver and consent forms at the time of

the hearing executed. (Exhibit B – Waiver & Consents).

7. The above statements are true to the best of Plaintiff’s knowledge and

belief.

WHEREFORE, Plaintiff respectfully requests this Honorable Court to

grant Plaintiff’s Motion to Approve Wrongful Death Settlement and

Authorize Distribution of Settlement Proceeds, and to enter the proposed

Order (Exhibit A).

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Dated: December 27, 2019
Respectfully submitted,
s/ James J. Harrington
GEOFFREY N. FIEGER (P30441)
JAMES H. HARRINGTON (P65351)
Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on December 27, 2019, I electronically

filed the foregoing paper with the Clerk of the Court using the
ECF system which will send notification of such filing to all
participating attorneys.

/s/ Samantha M. Teal

Legal Assistant to Geoffrey N. Fieger

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MONIQUE GRIMES, as Personal

Representative of the Estate of
Damon Grimes, deceased,
No. 2:17-cv-12860
Plaintiff,
HON. GERSHWIN A. DRAIN
v.
consolidated with
TROOPER MARK BESSNER, Case No. 17-cv-13580
TROOPER ETHAN BERGER, and
SGT. JACOB LISS,

Defendants.

Geoffrey N. Fieger (P30441) Mark E. Donnelly (P39281)

James J. Harrington IV (P65351) John G. Fedynsky (P65232)
Fieger, Fieger, Kenney & Assistant Attorneys General
Harrington, P.C. Attorneys for Defendants Ethan
Attorneys for Plaintiff Berger and Jacob Liss
19390 West 10 Mile Road State Operations Division
Southfield, MI 48075 Lansing, MI 48909
248.355.5555 517.335.7573
__________________________________________________________________

BRIEF IN SUPPORT OF PLAINTIFF’S MOTION TO APPROVE

WRONGFUL DEATH SETTLEMENT AND AUTHORIZE
DISTRIBUTION OF SETTLEMENT PROCEEDS

Petitioner relies upon MCL 600.2922 in support of its Motion to

Approve Settlement Pursuant to MCL 600.2922 for the Estate of Damon

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Grimes, deceased, and further states the settlement is fair and in the best

interest of the estate.

Dated: December 27, 2019
Respectfully submitted,
s/ James J. Harrington
GEOFFREY N. FIEGER (P30441)
JAMES H. HARRINGTON (P65351)
Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on December 27, 2019, I electronically

filed the foregoing paper with the Clerk of the Court using the
ECF system which will send notification of such filing to all
participating attorneys.

/s/ Samantha M. Teal

Legal Assistant to Geoffrey N. Fieger

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