The Mellor Law Firm, APLC

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Settlement Agreement Enforceable Under Tragic Circumstances.

September 4, 2012 by Leave a Comment

While awaiting a ruling from the superior court on a petition to approve a settlement filed by a guardian at litem on behalf of a minor who suffered injuries on an all terrain vehicle, the minor died.  The defendant opposed the petition, arguing the settlement was not enforceable because it had not been approved by the court before the minor died, which extinguished damages attributable to pain and suffering. The appellate court found the defendant was bound by the agreement when it was made and that it was enforceable.  Pearson v. Sup. Ct. (Gary Nicholson)  (Cal. App. Second Dist., Div. 6; January 25, 2012) 202 Cal.App.4th 1333, [136 Cal.Rptr.3d 455].

Filed Under: Children Law News, Contract Law News, Legal News, Personal Injury Law News, Settlement Law News

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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