On a Rule 7.08 motion for approval of a global settlement arising from a child cyclist's catastrophic injury claim, the court approved the tort and accident benefits settlements but scrutinized the proposed contingency fees.
Applying the governing contingency fee jurisprudence, the court held that a one-third fee was fair and reasonable for the tort action given liability risk, lengthy carriage, high disbursements, and the result achieved.
The same percentage was not justified for the accident benefits claim, where the litigation risk and contentiousness were materially lower, reconstructed dockets were unreliable, and the contingency fee agreements were executed late.
The court reduced accident benefits fees, fixed total legal fees and disbursements, and refused a sealing order for failure to satisfy the open-court test.
