- 11 - 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 aPage: 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