Banda v. Garcia Ex Rel. Garcia

The issue in this cause is whether an attorney’s unsworn testimony constitutes some evidence of a pre-suit settlement agreement. The court of appeals held that because the trial court had not placed Banda’s attorney under oath, the attorney’s statements at a pretrial hearing were not evidence of a pre-suit settlement agreement. 935 S.W.2d 790, 794. We disagree.

Javier Garcia was in an automobile accident with Daniel Banda that rendered Garcia brain-damaged and incapacitated. Before filing suit, Garcia’s attorney, B. Mills Latham, sent a letter dated February 23, 1993 to Banda’s attorney,…