Summary
In Burghart, the court found the plaintiffs failed to show NaphCare nurses acted with deliberate indifference when they failed to take all necessary efforts to care for an inmate suffering from alcohol withdrawal because a lack of due care does not rise to objectively unreasonable conduct.
Summary of this case from Smith v. NaphCare Inc.Opinion
2:22-cv-01248-TSZ
02-03-2023
CHARLEEN BURGHART, Administrator of the Estate of Nicole Burghart; and LAWRENCE DOLAN, as Guardian ad Litem for H.G., a minor individual, Plaintiff, v. SOUTH CORRECTIONAL ENTITY “SCORE”, a Governmental Administrative Agency; CRYSTAL REHTOLC-CANTU, an individual, SCORE JOHN DOES 1-10; NAPHCARE, INC., an Alabama Corporation; ROBIN OLSEN, an individual; KERI JAMES, an individual; ANGELICA DELEON MCKEOUGH, an individual; NAPHCARE JOHN DOES 1-10; and TECHCARE JOHN DOE ENTITY, Defendants.
KRUTCH LINDELL BINGHAM JONES, P.S. By: J. Nathan Bingham, WSBA #46325 Jeffrey C. Jones, WSBA #7670 James T. Anderson, WSBA #40494 Attorneys of Plaintiffs
NOTE ON MOTION CALENDAR: FEBRUARY 3, 2023
KRUTCH LINDELL BINGHAM JONES, P.S. By: J. Nathan Bingham, WSBA #46325 Jeffrey C. Jones, WSBA #7670 James T. Anderson, WSBA #40494 Attorneys of Plaintiffs
PLAINTIFFS' UNOPPOSED PETITION FOR APPOINTMENT OF SETTLEMENT GUARDIAN AD LITEM
Plaintiffs request that this Court appoint a settlement guardian ad litem to review the reasonableness of any proposed settlements or partial settlement agreements involving the death of Nicole Burghart at South Correctional Entity Jail (“SCORE”).
I. RELIEF REQUESTED
Plaintiffs move the Court for an Order appointing Lawrence Dolan (the litigation guardian ad litem already appointed in probate court) as settlement guardian ad litem to investigate the reasonableness and adequacy of the proposed settlement of claims in this case.
II. STATEMENT OF FACTS
This case arises out of the incarceration of Nicole Burghart at SCORE and the medical treatment provided by independent contractor, NaphCare, Inc. Plaintiffs have brought numerous state and federal claims, and all parties reached proposed settlements.
A. Facts related to appointment of SGAL
At the time of her death, Nicole Burghart was survived by her minor son, H.G. Charleen Burghart was appointed by the Snohomish County Superior Court as the Administrator of the Estate for the purpose of pursuing a wrongful death action. Attorney Lawrence Dolan was subsequently appointed as probate and litigation guardian ad Litem for H.G. Bingham Deci., ¶2. Trial is set for December 4, 2023. Dkt. #23.
Mr. Dolan is a member of the Washington Bar (WSBA #13110). He is on the Snohomish County Guardian ad Litem Registry and is current on all required trainings that the Snohomish County Superior Court requires for guardians ad litem. Bingham Deci., ¶3.
III. ISSUES PRESENTED
Whether this Court should appoint litigation guardian ad litem Lawrence Dolan as settlement guardian ad litem to review the proposed settlements under LCR 17 and SPR 98.16W.
IV. EVIDENCE RELIED UPON
Declaration of J. Nathan Bingham and the filings and records herein.
VI. AUTHORITY
LRC 17(c) and SPR 98.16W require the appointment of an independent guardian ad litem, who is an attorney, prior to approval of the claims of a minor. The independent guardian ad litem shall investigate the adequacy of any proposed settlement and report thereon. Id.
Mr. Dolan is a licensed attorney, with approximately 39 years of experience, and therefore qualified to serve as settlement guardian ad litem under LRC 17(c) and SPR 98.16W. Additionally, because Mr. Dolan has been serving as litigation and probate guardian ad litem for H.G., he is familiar with the case and the history of negotiations.
VI. CONCLUSION
For the reasons set out above, Plaintiffs request that Mr. Dolan be appointed as settlement guardian ad litem to investigate the adequacy of the proposed settlement and report thereon.