AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a wrongful death action initiated by Ellen Sam, representing the estates of Hermanda Spencer and Lydia Burnett. Sam, through her attorneys Barber & Borg, LLC, entered a settlement with Hermanda's father, Herman Spencer, regarding his entitlement to the wrongful death case proceeds. Spencer later contested the settlement, leading to a legal dispute over the enforceability of the agreement and allegations against Barber for wrongful inducement and breach of duties owed to Spencer as a statutory beneficiary.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Herman Spencer): Argued that Barber wrongfully induced him into signing the settlement agreement and breached duties owed to him as a statutory beneficiary of the wrongful death estates.
• Appellees (Paul Barber and Barber & Borg, LLC): Contended that the settlement agreement was enforceable and that any duties owed to Spencer were terminated due to an adversarial relationship between Sam and Spencer.

Legal Issues

• Whether the attorney, Barber, breached duties owed to Spencer as a statutory beneficiary of the wrongful death estates.
• Whether the settlement agreement between Sam and Spencer was enforceable.

Disposition

• The district court's summary judgment in favor of Barber on the issue of duty breach was affirmed.
• The district court's summary judgment on the enforceability of the settlement agreement was reversed, and the case was remanded for further proceedings.

Reasons

• The court found that any duties Barber may have owed to Spencer as a statutory beneficiary were terminated when an adversarial relationship developed between Sam and Spencer, affirming the summary judgment on this issue (paras 15-37). However, the court concluded that issues of material fact precluded summary judgment on the enforceability of the settlement agreement between Sam and Spencer, reversing this aspect of the district court’s judgment and remanding for further proceedings (paras 38-44).