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Richardson v. Barber

Father who provided no legal or emotional support to his son and did not establish a relationship with the child was entitled to only $5,000 of the $1 million settlement for the child's wrongful death.

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Donald Ray Richardson, the biological father of Zsa Vonn, appeals the trial court’s order which determined that he was not entitled to receive further proceeds from the settlement of Zsa Vonn’s wrongful death suit brought by Zsa Vonn’s mother. The trial court determined that Richardson lacked any meaningful relationship with Zsa Vonn as shown by evidence concerning custody, control, and lack of support and the poor example he set, under the standards of OCGA § 19-7-1 c 6. The trial court therefore precluded Richardson from receiving any portion of the remaining proceeds of the settlement of the underlying wrongful death action. The trial court determined that the mother had a meaningful relationship with the child and was entitled to the proceeds of the settlement.

Zsa Vonn’s mother, Janice Barber, filed a wrongful death action against Dr. Homer Breckenridge after Zsa Vonn was killed when Dr. Breckenridge struck him with his car. During the pendency of the wrongful death action, Barber and Richardson entered into a settlement agreement by which they agreed that Barber would control the wrongful death action. The agreement further provided that Barber was entitled to 50 percent of the proceeds from any judgment or settlement with the remaining 50 percent of the proceeds to be held in escrow until Richardson’s rights in the proceeds were determined. Richardson was paid $5,000 upon entering the agreement with the express understanding that if the court determined he was not entitled to further proceeds, such monies were non-refundable.

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