Allen Burditt II and Sarah Maunee S. Burditt - Page 11




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          settlement document contained “the proper personal injury                   
          language”.  The attorney consulted with a certified public                  
          accountant to obtain the precise wording.  Lindsey’s counsel did            
          not negotiate over the terms of the allocation or object to its             
          inclusion in the agreement.  The settlement agreement was                   
          executed on August 8, 1992.                                                 
               On August 14, 1992, Lindsey's insurer wrote a check payable            
          to CRI and petitioner in the amount of $400,000, and a check                
          payable to their attorney in the amount of $150,000.  Petitioners           
          split the $400,000 check into money orders in the amounts of                
          $328,325.81 and $50,000 payable to petitioner and CRI                       
          respectively, while taking the remainder in cash.  Petitioners              
          deposited both of the money orders into Mrs. Burditt's personal             
          bank account.                                                               
               Subsequent to the failed mediation petitioner also contacted           
          Halliburton through its counsel to explore settlement.                      
          Previously, Halliburton’s outside counsel handling the litigation           
          had discussed settlement with an in-house lawyer at Halliburton.            
          The outside counsel outlined his views on settlement in a letter            
          to the in-house counsel dated May 11, 1992.  In that letter,                
          outside counsel expressed his view that the trial court’s                   
          granting of summary judgment in favor of Halliburton would                  
          probably be reversed on appeal with respect to the gross                    
          negligence and intentional tort allegations, with a remand for a            





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