Carson v. Sowell, et al.
| Docket Number: | 2009-CP-01836-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-24-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Acceptance of settlement offer - Enforcement of settlement agreement Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Russell and Fair, JJ. Non Participating Judge(s): Carlton, J. Procedural History: PCR Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 10-08-2009 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: SETTLEMENT ENFORCED Case Number: CV2008-0299 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Phillys Ann Mills Carson |
PRO SE |
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| Appellee: | Donald K. Sowell and Southern Computer Services, Inc. | CHARLES CAMERON AUERSWALD | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Acceptance of settlement offer - Enforcement of settlement agreement |
| Summary of the Facts: | Phillys Mills Carson was injured when a Southern Computer Services Inc. company truck, driven by Donald Sowell, crashed into her vehicle. Her chiropractor, Dr. Steven Tencer, referred her to an attorney, David L. Walker. Progressive Gulf Insurance Company handled Mills’s claim for damages on behalf of Southern Computer. Mills filed a complaint against Sowell and Southern Computer, but there was no service of process. Mills received and rejected four settlement offers presented to her by Walker – one for $8,972; one for $11,288; one for $13,000; and one for $18,000. According to Walker, he sent a letter to Mills for each of these settlement offers and was authorized to accept a settlement on her behalf between $18,000 and $25,000. When Walker accepted a settlement for $19,000, Mills refused to sign the settlement agreement documents, and Walker filed a motion to enforce the settlement. The court granted the motion, and Mills appeals. |
| Summary of Opinion Analysis: | An attorney is presumed to have the authority to speak for and bind his client. Whether or not the attorney has agreed to a settlement on behalf of the client is a question of fact. Here, it is undisputed that Walker was acting as Mills’s attorney at the time he accepted the settlement offer on her behalf. The trial court found that the testimony supporting the settlement was more credible, persuasive and in conformity with the proof presented. These findings are not clearly erroneous or an abuse of discretion. |
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