Legal Opinion
Barham by Barham v. Rubin
Hawaii Supreme Court
Decided August 19, 1991No. 14807PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT BY
WAKATSUKI, J.
At the age of 34, Phillip W. Barham suffered traumatic brain injury which left him permanently disabled and unable to care for himself. Jay W. Barham, Phillip’s father, filed a personal injury lawsuit in Colorado on Phillip’s behalf. The suit was settled for $310,000 in cash and an annuity which created an income stream of $3000 a month for life.
A Colorado probate court approved the settlement pursuant to the creation of a trust for Phillip. In establishing the irrevocable trust, the Colorado probate court deemed itself the settlor and Jay Barham the…
2Cases cited3 opinions
- National Union Fire Insurance v. FerreiraHawaii Supreme Court · 1990
- Miller v. IbarraDistrict Court, D. Colorado · 1990
- Hatcher v. Dept. of Health & Rehab. Serv.District Court of Appeal of Florida · 1989
3Cited by9 opinions
- Bynum v. MagnoHawaii Supreme Court · 2004
- Cohen v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 1996
- Thomas v. Arkansas Department of Human ServicesSupreme Court of Arkansas · 1995
- Williams Ex Rel. Squier v. Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995
- Romo v. KirschnerCourt of Appeals of Arizona · 1995
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