Macke v. PattonAnnotate this Case
In this appeal from the circuit court's distribution of proceeds from Nicklaus Macke's wrongful death settlement the Supreme Court affirmed the judgment of the circuit court overruling Appellant's motion for a second continuance and in apportioning only a small percent of the wrongful death settlement to Appellant, holding that the circuit court did not err or abuse its discretion.
Nicklaus, the son of Pamela Eden and Loren Macke (Macke), suffered fatal injuries in a motor vehicle collision with Austin Patton. Macke negotiated a settlement with Patton's insurance company, which offered to pay its policy limit in satisfaction of Macke's wrongful death claim against Patton. The circuit court apportioned ninety-eight percent of the settlement to Nicklaus' father and two percent to Eden, who played little to no role in Nicklaus' childhood and upbringing. The Supreme Court affirmed, holding (1) the circuit court did not err in overruling Appellant's motion for continuance; and (2) the circuit court did not erroneously apply the law in making its apportionment judgment, and the apportionment was not against the weight of the evidence.