Bell v. Jolly

OPINION OF THE COURT

William H. Keniry, J.

In this wrongful death action predicated upon a claim of medical malpractice, an issue has arisen over the procedural steps which the plaintiff administratrix c. t. a. must follow in order to finalize a settlement of the action. The issue appears to be one of first impression.

The case was scheduled for trial to begin January 13, 1997. A settlement was reached on that day with certain defendants agreeing to pay a total of $332,500 to plaintiff. The terms of the settlement agreement were recited on the record with plaintiff’s attorney stating, in…