Virzi v. Grand Trunk Warehouse And Cold Storage Co

571 F. Supp. 507 (1983)

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Nature of the Case

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Facts

On June 2, P's attorney prepared and filed a mediation statement for plaintiff with the mediation panel. Three days later, d died unexpectedly from causes unrelated to the lawsuit. On June 14, 1983, the case was mediated, and the mediation panel placed an evaluation of $35,000 on the case. At the time of the mediation hearing, P's attorney did not know that his client had died. Several days after the mediation hearing P's attorney learned of his client's death. A personal representative was appointed by the probate court. The present court nor opposing counsel was made aware of the death. P's representative was not substituted as plaintiff. On July 5, 1983, counsel for P and Ds appeared before this Court at a pretrial conference and, after negotiations, entered into a settlement of $35,000. P's attorney never said anything about the death. After the settlement was agreed upon as both attorneys were walking out of chambers to the elevator P's attorney informed Ds' attorney that P had died. Ds had learned of P's death shortly before the settlement was agreed upon, but were unable to convey this information to their attorney before the settlement order was entered. Ds now claim the settlement is void. P's attorney claims that his actions were not unethical or improper.