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eBook details

• Title: Michael King & Lydia King v. John O. Bishop
• Author : Fourteenth District, Houston Court of Appeals of Texas
• Release Date : January 19, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Appellant, Michael King, was injured when he fell in the post-operative room of Methodist Hospital after being operated on
by Dr. John O. Bishop. Appellants reached a mediated settlement with appellees, Bishop and Methodist Hospital, for two --
hundred thousand dollars. The trial court entered judgment in accordance with the settlement agreement on January 11, 1993.
On February 4, 1993, appellants filed a motion for new trial alleging that they agreed to the settlement under duress exerted
by their attorney. Appellants did not allege that appellees acted improperly during the settlement negotiations. The trial
court denied appellants' motion for new trial. We affirm the judgment of the trial court. In appellants' first and second points of error, appellants contend that the trial court erred in overruling appellants'
Motion for New Trial because Michael King was under duress at the time he signed the settlement agreement. Appellants claim
that their attorney coerced them into signing the settlement agreement by telling them that Michael King's license to practice
medicine would be revoked if appellants did not sign the settlement agreement and that appellants would have to pay court
costs if the case was not settled that day. Appellants also claim that their attorney insisted that Michael King stay at the
mediation after Michael King asked to be excused because he was in pain. Appellants' attorney filed an intervenor's response
to appellants' brief denying appellants' accusations.

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