In the case of Brooks v. Culnan, dated September 26, 2023, the plaintiff, Justin Brooks, a party under disability, had sought approval for settlements related to a pedestrian/motor vehicle accident that occurred on September 14, 2017. Justin, who had suffered a traumatic brain injury in the accident, had aimed to secure settlements totaling $500,000 for both tort and accident benefits claims.
The tort action had faced challenges due to uncertain liability, with Justin having jaywalked when the collision occurred. The defendant, Irene M. Culnan, had been executing a left-hand turn on an advance greenlight at the time of the collision. At that time, Justin had been 23 years old and unemployed, and he had significant pre-accident medical conditions, including fetal alcohol syndrome.
In accordance with established procedures, the structured settlement had been prefunded to ensure payment security and rate guarantees. The litigation guardian had allocated $325,000 to a structured settlement with SunLife, providing Justin with monthly tax-free payments of $1,363.19 until the age of 64.