Fight over attorney fees delays payment to family - A fight over attorney fees is delaying payment of a multimillion-dollar settlement in a lawsuit over the 2001 accident that claimed the life of Brian Cole, a top New York Mets baseball prospect, who was a standout player at Meridian High School.
A Jasper County Circuit Court jury awarded Cole's family more than $131 million in the wrongful death lawsuit against Ford Motor Co. Cole's cousin, Ryan Cole, who was injured in the crash, was awarded $1.5 million.
The settlement amount is confidential, but is much less than the jury award, parties to the case have said.
Jackson lawyer Wayne Ferrell Jr. is suing Arkansas lawyer C. Tab Turner and others in Jasper County Chancery Court, seeking to force Turner to abide by a 2006 attorney-fee sharing agreement.
This week, Chancery Judge David Clark said in an order that Ford Motor Co., has agreed to place the settlement amount in an interest-bearing account at a Jackson bank under the control of Ford's attorneys, Baker, Donelson, Bearman, Caldwell and Berkowitz law firm.
"That no withdrawals of any kind or in any amount payable to anyone are to be made without further orders of this court," Clark said regarding Brian Cole's estate. Ford may pay the settlement amount in Ryan Cole's case, the judge said.
Walker "Bill" Jones, an attorney with Baker, Donelson, said it could be several months before the fee dispute is resolved. His firm is not involved in the dispute.
Ferrell wouldn't discuss the matter when reached by phone this week. His attorney, Hunter Lundy of Lake Charles, La., said Ferrell has made it clear the dispute over legal fees shouldn't stop the Cole family from immediately receiving its settlement.
Turner couldn't be reached for comment. Cole's family members also couldn't be reached for comment.
Following Cole's death, Ferrell said Cole's family signed a retainer with him providing attorney fees in the amount of 40 percent and 45 percent on appeal.
After a mistrial in the first trial in May 2004, Ferrell said he contacted Turner about becoming a part of the legal team for the Cole family.
The attorneys agreed legal fees and expenses would be split 28 percent for Ferrell, 23 percent for Turner and other attorneys would share the rest. In early 2005, a new contingency fee was worked out with attorneys to receive 50 percent of the total amount awarded to the family.
Ferrell said in court papers Turner shut out other attorneys from the decision-making process during settlement negotiations.
After a second mistrial in February, Turner requested Ferrell and other attorneys pay about $600,000 in expenses. He said he had incurred more than $832,000 in expenses from the start of his involvement in the case. From the September trial that resulted in the jury verdict, Ferrell said Turner requested payment in advance for expenses incurred for expert witnesses and trial expenses.
But Ferrell said in court papers that Turner hadn't provided any proof by way of invoices from expert witnesses.
"Turner has threatened to pay Ferrell nothing from the fee proceeds even though Ferrell procured the case and even though Ferrell has thousands of hours in the case," Ferrell said in court papers.
Cole, 22, was killed March 31, 2001, when he was thrown from a 2001 Ford Explorer.
Cole, a 1997 Meridian High graduate, was selected to The Clarion-Ledger's Dandy Dozen for football in 1996 and is one of three Mississippi prep athletes to hit four home runs in a game, a state record.
He was driving to Mississippi after spring training in Port St. Lucie, Fla., when the accident occurred on I-10 near the Florida-Georgia line.
The lawsuit said Brian Cole veered to avoid a vehicle and the SUV rolled over. He was thrown from the vehicle and later died at a Florida hospital. The lawsuit blamed Brian Cole's death on a defective seat belt and the tendency for that model to roll over. But Ford officials said Cole was speeding and not wearing a seat belt when the accident occurred.
A Jasper County Circuit Court jury awarded Cole's family more than $131 million in the wrongful death lawsuit against Ford Motor Co. Cole's cousin, Ryan Cole, who was injured in the crash, was awarded $1.5 million.
The settlement amount is confidential, but is much less than the jury award, parties to the case have said.
Jackson lawyer Wayne Ferrell Jr. is suing Arkansas lawyer C. Tab Turner and others in Jasper County Chancery Court, seeking to force Turner to abide by a 2006 attorney-fee sharing agreement.
This week, Chancery Judge David Clark said in an order that Ford Motor Co., has agreed to place the settlement amount in an interest-bearing account at a Jackson bank under the control of Ford's attorneys, Baker, Donelson, Bearman, Caldwell and Berkowitz law firm.
"That no withdrawals of any kind or in any amount payable to anyone are to be made without further orders of this court," Clark said regarding Brian Cole's estate. Ford may pay the settlement amount in Ryan Cole's case, the judge said.
Walker "Bill" Jones, an attorney with Baker, Donelson, said it could be several months before the fee dispute is resolved. His firm is not involved in the dispute.
Ferrell wouldn't discuss the matter when reached by phone this week. His attorney, Hunter Lundy of Lake Charles, La., said Ferrell has made it clear the dispute over legal fees shouldn't stop the Cole family from immediately receiving its settlement.
Turner couldn't be reached for comment. Cole's family members also couldn't be reached for comment.
Following Cole's death, Ferrell said Cole's family signed a retainer with him providing attorney fees in the amount of 40 percent and 45 percent on appeal.
After a mistrial in the first trial in May 2004, Ferrell said he contacted Turner about becoming a part of the legal team for the Cole family.
The attorneys agreed legal fees and expenses would be split 28 percent for Ferrell, 23 percent for Turner and other attorneys would share the rest. In early 2005, a new contingency fee was worked out with attorneys to receive 50 percent of the total amount awarded to the family.
Ferrell said in court papers Turner shut out other attorneys from the decision-making process during settlement negotiations.
After a second mistrial in February, Turner requested Ferrell and other attorneys pay about $600,000 in expenses. He said he had incurred more than $832,000 in expenses from the start of his involvement in the case. From the September trial that resulted in the jury verdict, Ferrell said Turner requested payment in advance for expenses incurred for expert witnesses and trial expenses.
But Ferrell said in court papers that Turner hadn't provided any proof by way of invoices from expert witnesses.
"Turner has threatened to pay Ferrell nothing from the fee proceeds even though Ferrell procured the case and even though Ferrell has thousands of hours in the case," Ferrell said in court papers.
Cole, 22, was killed March 31, 2001, when he was thrown from a 2001 Ford Explorer.
Cole, a 1997 Meridian High graduate, was selected to The Clarion-Ledger's Dandy Dozen for football in 1996 and is one of three Mississippi prep athletes to hit four home runs in a game, a state record.
He was driving to Mississippi after spring training in Port St. Lucie, Fla., when the accident occurred on I-10 near the Florida-Georgia line.
The lawsuit said Brian Cole veered to avoid a vehicle and the SUV rolled over. He was thrown from the vehicle and later died at a Florida hospital. The lawsuit blamed Brian Cole's death on a defective seat belt and the tendency for that model to roll over. But Ford officials said Cole was speeding and not wearing a seat belt when the accident occurred.
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