ST. LOUIS — A wrongful death settlement totaling $1 million is awaiting approval by the St. Louis Circuit Court following the fatal workplace accident of a man who died less than three months after he sustained injuries from falling from a ladder.
In a petition filed by attorney John T. Hipskind of Hipskind & McAninch, Lac Ha Dung, the widow of To Chau, seeks court approval for the settlement on behalf of herself and three other statutory beneficiaries.
The petition was filed on April 15 in St. Louis Circuit Court without initiating a formal lawsuit and states that the settlement reflects the full limits of the liability insurance policy held by Lam’s Garden at the time of the incident.
According to the court document, To Chau suffered fatal injuries on or about Sept. 25, 2024, while working on the premises of Lam’s Garden. He was working on a ladder when he fell and sustained injuries.
He died on Dec. 14, 2024. The death certificate for To Chau has been submitted as an exhibit in the court filing.
Lac Ha Dung, who was legally married to the decedent at the time of his death, brings the petition individually and on behalf of the other beneficiaries entitled to recover under Missouri’s wrongful death statute.
The additional beneficiaries named in the filing include Phan Chau, Oai Chau and Hung Chau, who reside in Oklahoma; St. Ann, Mo.; and St. Charles, Mo., respectively, the court document states.
The petition affirms that no other individuals are known to have a valid claim under the statute and that no additional notice is required to proceed, according to the document.
“Without filing a formal lawsuit, a settlement in the amount of one million dollars ($1,000,000.00) has been reached, representing the full policy limits of the liability insurance coverage carried by Lam’s Garden at the time of the incident,” the complaint states. “Plaintiff believes this settlement amount to be fair and reasonable in light of the available insurance coverage, the facts and circumstances surrounding the incident, and the legal and evidentiary issues involved in pursuing further litigation.”
It also indicates that all beneficiaries have fully investigated the circumstances of the accident and have agreed to the terms of the proposed settlement.
The document asserts that the settlement is fair, equitable and in the best interest of all involved, considering the insurance coverage, facts of the incident and the legal and evidentiary challenges associated with further litigation.
In lieu of personal appearances, affidavits have been submitted by the beneficiaries, and the court is asked to recognize these as valid waivers of appearance and interest, according to the court document.
The petition includes a request for approval of the distribution of settlement proceeds and attorneys’ fees as detailed in an attached exhibit.
The plaintiff and all beneficiaries have agreed to execute a full release of claims against Lam’s Garden upon the court’s approval of the settlement.
The court filing concludes with a request that the judge enter a judgment approving the settlement, its allocation, associated legal fees, and the submitted affidavits, and to grant any other relief deemed appropriate by the court. The plaintiff is represented by John T. Hipskind of Hipskind & McAninch in Bellville, Ill.