Foley v. Grigg

BURDICK, Justice.

Defendant James R. Grigg settled a wrongful death claim and received a structured settlement. Grigg then allegedly assigned his entire final annuity payment to both Appellant Howard R. Foley and Respondent Settlement Capital Corporation. The district court determined that Settlement Capital Corporation was entitled to the annuity payment. Foley now appeals that decision. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the spring of 1984 Grigg’s mother was killed in a ear accident. Foley represented Grigg and his father in the Avrongful death action. As part of…