Davidson v. PrimeCare Medical of New York, Inc. et al

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
__________________________________________
:
ROSE ANN DAVIDSON, 	:
as Administratrix of the Estate of 	:
BRANDEN LOORI, 	:
:
Plaintiff, 	:
:
v. 	: 	Civil Action Number
: 	24-CV-1522 (GTS/ML)
PRIMECARE MEDICAL OF NEW YORK, INC., :
PRIMECARE MEDICAL, INC., COUNTY OF 	:
BROOME, SCOTLYNNE RIEDER, 	:
ROBIN BOERST, JEN MROZ, 	:
JAMIE POTTER, NAOMI BRIGNOLLE, and 	:
MAHMOOD AHMEED, 	:
:
Defendant. 	:
__________________________________________:
ORDER AUTHORIZING COMPROMISE OF WRONGFUL DEATH AND CIVIL
RIGHTS ACTION
Upon reviewing the Plaintiff’s Motion for approval of the settlement in this wrongful death
and civil rights action, and good and sufficient cause being shown to allow the Administratrix of
the Estate of Brandon Loori to compromise this action in the best interest of the Estate, the
Settlement is hereby approved by the Court.
IT IS HEREBY ORDERED that Rose Ann Davidson, as Administrator of the Estate of
Terrance Duncan, is authorized to accept the sum of $ 210,000 in settlement for personal injuries
sustained by Decedent Brandon Loori in this action. The settlement of this action is with
Defendants PrimeCare Medical and PrimeCare Medical of New York, only. The Administrator is
further authorized to execute and deliver to Defendants PrimeCare Medical and PrimeCare
Medical of New York a Release, in the form previously submitted to the Court in support of the
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Motion to approve this settlement, for all claims asserted, or that could have been asserted, in this
litigation against these Defendants.
IT IS FURTHER ORDERED that the application of the Plaintiff’s counsel for the
reimbursement of attorneys’ fees and expenses is granted. Plaintiff’s counsel is hereby awarded $
1,891.65 in reimbursement for litigation expenses, and $ 50,000.00 in attorneys’ fees, pursuant to
the terms of the Estate’s retainer agreement with counsel. Plaintiff’s counsel shall not seek any
further attorneys’ fees for work concluding the administration of decedent Brandon Loori’s estate.
Plaintiff’s counsel shall continue to serve as attorney for the Estate until the entry of the final
decree in the Broome County Surrogate’s Court. The remaining share of the settlement, $
158,108.35, shall be paid to the Estate of Brandon Loori, the distribution of which is hereby
referred to the Broome County Surrogate’s Court for disposition. The sum of $ 150,000.00 of the
net settlement shall be paid by the Defendants or their insurers into a structured settlement for the
benefit of Roman Loori, Branden Loori’s son. The entire sum of the Attorneys’ fees approved by
the Court, $ 50,000.00, shall be paid by the Defendants or their insurers into a structured settlement
relative to attorneys’ fees for the Plaintiff’s counsel.
Both structured settlements, and all remaining monetary payments under the Settlement,
will be paid by the Defendants or their insurer within 60 days of the entry of a decree by the
Broome County Surrogate’s Court directing the funding of these structured settlements. The
Defendants and/or their insurers will be provided with details of the desired structured settlements
prior to the filing of the proposed decree with the Broome County Surrogate’s Court. The
Defendants and/or their insurers will be provided the opportunity to review the proposed decree
prior to its filing with the Broome County Surrogate’s Court, and Plaintiff and her attorney will
provide an executed Settlement Agreement and Release and Qualified Assignment and Release to
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be prepared by, or on behalf of, the Defendants and/or their Insurer, outlining the terms of the
structured settlement and the desired structured settlement payments. The sums ordered for
reimbursement of litigation expenses shall not be paid to the Plaintiff’s counsel until after the
issuance of a decree by the Broome County Surrogate’s Court.
No additional monies will be paid from the settlement absent further order of the Broome
County Surrogate’s Court.
The Court retains jurisdiction over this matter to enforce the settlement.
IT IS SO ORDERED:
_____________________________________
Dated: ________________ 	The Honorable Glenn T. Suddaby
United States District Judge
12/5/2025
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