Frank C. Tierney

The plaintiffs brought a motion for court approval of a settlement reached on behalf of six minor grandchildren regarding claims arising from a fatal motor vehicle collision involving their grandparents.

The claims were made pursuant to s. 61 of the Family Law Act.

The court found the settlement, which allocated $18,168.15 net to each minor plaintiff, to be in their best interests and approved it.

The court also approved the solicitor-client account, ordered substituted service on the defendant estate's insurer, and granted leave to amend the title of proceeding to correct a misnomer.

During a jury trial concerning an alleged agreement to share proceeds of a winning Lotto 6/49 ticket, the defendant moved for a non-suit after the plaintiff closed her case.

The court considered whether the plaintiff’s evidence could support a breach of contract claim for a one-third share of lottery winnings based on an alleged oral agreement involving the defendant and a third party.

The court held there was no evidence of a “meeting of the minds” with the third party and no agency relationship allowing the defendant to bind that party to a contract.

As a result, no reasonable jury could find a valid contract existed.

The non-suit motion on the breach of contract claim was granted, the jury was dismissed, and the remaining equitable trust claims were left to be determined by the judge.