Stamato v. Stamato

This appeal raises the issue of whether an agreement to settle a lawsuit should be rescinded because plaintiff, through a clerical error in the judge’s office, was not aware when she settled that the court had granted her motion to seek punitive damages. We conclude that plaintiff is bound by the agreement.

Appellant plaintiff sued her deceased husband’s daughter by a former marriage for tortious interference and civil theft. She subsequently moved to amend her complaint to seek punitive damages. Two weeks after the hearing on the motion, plaintiffs counsel called the judge’s office and was…