- 10 -
note that a previous Halliburton settlement offer was rejected.
At mediation, Lindsey made a settlement offer that the plaintiffs
did not accept, nor did the plaintiffs settle any of their claims
against Halliburton.
Subsequently, Lindsey submitted a trial brief that did not
address any personal injury claims, but rather focused
exclusively on the law pertaining to CRI's economic claims
against Lindsey.
Prior to trial, petitioner contacted Lindsey's counsel,
expressing an interest in accepting the previously refused
settlement offer by Lindsey. Negotiations ensued, and
petitioner, for himself and on behalf of CRI, agreed to settle
all claims against Lindsey for $550,000. The settlement amount
was agreed between Lindsey’s counsel and petitioner without any
discussion of an allocation of an amount to any of the specific
claims of petitioner or CRI. A provision was added to the
written settlement agreement, at petitioner’s behest, which
provided:
For the purposes of allocating damages between CRI and
Burditt in the settlement of this action, Five Hundred
Thousand and no/100 Dollars ($500,000.00) shall be
credited to [Mr. Burditt] individually for mental
anguish, pain and suffering, damage to his reputation
and loss of good will and Fifty Thousand and no/100
Dollars ($50,000.00) to [CRI] for damages to good will
and damage to loss of business reputation.
Petitioner had instructed the attorney representing him and
CRI in connection with the settlement to make sure that the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011