Humphries v. Yamaha Motor Corporation, USA

Full title: DONNIE G. HUMPHRIES, et al. v. YAMAHA MOTOR CORPORATION, USA, et al

Court: United States District Court, W.D. Louisiana, Alexandria Division

Date published: May 9, 2008

CIVIL DOCKET NO.: 07-0244 (W.D. La. May. 9, 2008)

Opinion

CIVIL DOCKET NO.: 07-0244.

May 9, 2008

ORDER

JAMES KIRK, Magistrate Judge

Before the court is a products liability action which was originally filed by Donnie G. Humphries and Leah K. Humphries individually and on behalf of their minor sons Matthew H. Humphries and Alex Humphries in the Seventh Judicial District Court, Parish of Catahoula, State of Louisiana on or about March 16, 2007. Defendants filed a notice of removal in this court on or about February 14, 2007 and removal was ordered on February 22, 2007.

Plaintiffs allege that Matthew H. Humphries, a minor, sustained injuries as a result of an off road motor vehicle accident which occurred on January 16, 2006. On or about April 14, 2008, plaintiffs, in their Motion for Authority to Settle Minor's Claim (Doc. Item 42), advised that the parties wished to settle and compromise the claims of the minor child, Matthew H. Humphries and sought complete and effective release and dismissal of all claims asserted by plaintiffs on behalf of themselves and the minor children.

The Louisiana Code of Civil Procedure is clear as to the manner in which the claims of a minor child may be compromised and settled. According to Civil Code Article 4265 a tutor must seek and obtain court approval pursuant to Article 4271¹ prior to compromising the minor child's interests in an action or right of action. Court approval must be provided by a court of competent jurisdiction in order for the settlement agreement to be effected and considered valid. Johnson v. Ford Motor Co., 707 F.2d 189 (5^th. Cir. 1983).

1 "The tutor shall file a petition setting forth the subject matter to be determined affecting the minor's interests, with his recommendations and the reasons therefor, and with a written concurrence by the undertutor. If the court approves that recommendations, it shall render a judgment of homologation. The court may require evidence prior to approving the recommendations. . . . ." LA.C.C.P. Art. 4261.

Therefore, upon plaintiffs' petitioning a state court judge of competent jurisdiction and upon obtaining authority from that judge to settle the minor child's claims, the United States district judge will dismiss the instant case.

Accordingly, plaintiffs' motion seeking authority to settle the minor's claims is DENIED.

THUS DONE AND SIGNED at Alexandria, Louisiana.