PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR, APPROVE SETTLEMENT OF PERSONAL INJURY CLAIMS, AND DISBURSEMENT OF FUNDS
Comes now before the Court, the Petition for Appointment of Conservator for Minor, Approve Settlement of Personal Injury Claims, and Disbursement of Funds.
This petition is submitted by Lena Nix, natural mother of the minor in this matter.Venue for the proceeding is proper as the minor resides in Maricopa County, and the events giving rise to this action occurred in Maricopa County.The person to be protected, Da'Saveun Nix, born on September 3, 2009, will own money that requires management and protection until he reaches the age of majority.Petitioner's address is 1441 E Buckeye Rd, Unit 24232, Phoenix, AZ 85074. Petitioner has priority for appointment because she is the natural mother of the minor.No conservator has been appointed by will or by order of any court, and no other proceedings for appointment of a conservator are pending in any other court.Petitioner is a suitable and proper person to act as conservator with respect to the estate and affairs of the person sought to be protected and is entitled to consideration for appointment under A.R.S. § 14-5410.The training requirement has been completed or is otherwise waived.Petitioner requests that no bond be set, as the petition prays that the net proceeds for the minor child be deposited into a restricted account until the minor reaches majority age.On or about February 11, 2025, the minor, Da'Saveun Nix, was walking through the school parking lot to the pickup area when he was hit by a vehicle, who then left the scene of the accident. Da'Saveun Nix was taken via ambulance to the hospital following the collision.
10. Liability was accepted by the at-fault carrier.
11. The petitioner has agreed to settle the personal injury claim in the amount of $25,000, which is the maximum available coverage for this incident. Petitioner believes this is reasonable based on the facts presented.
12. The minor, and estate of the minor, shall indemnify and hold harmless, Brianna Rivera-Garcia, Sonia Rivera-Garcia, and American Hallmark Insurance Company, from any and all claims from any medical providers, or others, for any claims arising out of the injuries sustained by the minor as a result of the accident on February 11, 2025.
13. The minor, Da'Saveun Nix, suffered injuries as a result of the incident.
14. The minor, Da'Saveun Nix, received medical treatment with Maricopa Ambulance, Banner Thunderbird Medical Center, North Valley Emergency Specialists, Southwest Diagnostic Imaging, Injury MD, and PT Care and Massage.
15. Petitioner proposes the following distribution of the Settlement:
1. Kelly Law Team Fee $8,333.33
2. Kelly Law Team Advanced Costs $713.70
3. Medical/Liens $3,831.56
4. Client Net Settlement $12,131.41
16. Petitioner believes the breakdown of the settlement to be reasonable and in the best interest of her son, Da'Saveun Nix.
17. The Petitioner hired Kelly Law Team on a contingency fee basis, to pursue any claims the minor child may have at a fee of 33 1/3%, plus costs, and 40% for litigation plus costs. Kelly Law Team's fee in this matter is $8,333.33. Kelly Law Team's costs to date total $713.70.
WHEREFORE, Petitioner requests that the Court:
Find that Da'Saveun Nix is in need of a Conservator.Appoint Lena Nix as conservator for the minor.Find the proposed settlement to be reasonable and authorize the Conservator to settle the minor's claim.Find the requested attorneys' fees and costs to be reasonable and authorize their payment from the settlement proceeds, subject to an attorney's fees affidavit.Authorize the following payments to be deducted from the settlement proceeds in:
1. Kelly Law Team Fee $8,333.33
2. Kelly Law Team Advanced Costs $713.70
3. Medical/Liens $3,831.56
4. Client Net Settlement $12,131.41
Order the net proceeds of $12,131.41 to be deposited in an interest bearing, restricted account for the benefit of the minor protected person until further order of the Court.For such other relief as the Court may deem necessary.
KELLY LAW TEAM PLLC
/s/ Patrick Hassett
Patrick Hassett, Esq.
Attorney for Petitioner
September 4, 11, 18, 25, October 2, 9 2025
LAZS0362058