West Virginia Record

Wednesday, February 26, 2020

Woman asks court to approve confidential settlement in case involving sister's death

State Court

By Kyla Asbury | Feb 3, 2020


HUNTINGTON —A woman is asking the circuit court to approve a confidential settlement regarding the wrongful death of her sister.

Lesley Gaddy filed the petition for approval against Rescare Inc., Voca Corporation of West Virginia Inc. and RSCR of West Virginia after her sister died on Sept. 29, 2017, according to a petition filed Jan. 17 in Cabell Circuit Court.

Gaddy claims her sister, Victoria Ann Woods, died as a result of a choking incident that occurred while she was in the defendants' care.

The parties participated in mediation earlier this month and were able to reach a proposed confidential settlement on Jan. 7. 

"The confidential settlement is contingent on this Court's approval," the petition states. "As a result of the successful mediation, the Defendants will pay an amount of money in exchange for a Full and Final Release of any and all claims of any nature which, were, or may have been asserted."

The petition lays out that Gaddy would be responsible for the satisfaction of any and all subrogation liens and any outstanding medical expenses and would hold the defendants harmless from those.

When Woods died, she had never married, nor had she had any children. She had three surviving siblings: Gaddy, Paula Porter and Julia Cole. No one was financially dependent on Woods at the time of her death. Her siblings are her only beneficiaries, according to the petition.

Gaddy claims that the proposed settlement is fair and reasonable and she believes it is the best offer she can obtain and avoid the risk and expense of formal litigation.

Gaddy is asking the court to approve the settlement so she had accept the funds, pay attorney's fees and satisfy all liens. She is represented by Michael A. Woelfel and Matthew J. Woelfel of Woelfel and Woelfel in Huntington.

Cabell Circuit Court Case number: 20-C-18

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Cabell Circuit Court

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