Brereton v. Clewiston Drainage District

HERSEY, Chief Judge.

Fitzgerald Brereton retained the services of attorney Gary K. Silber to represent him in seeking damages for injuries sustained in a motor vehicle accident. Appellees were defendants in the litigation commenced by Silber. In the course of negotiations for settlement of Brereton’s claim, Silber drafted and signed a stipulation for settlement. The insurer for appellee, Clew-iston, agreed to pay $775,000 for a complete release from Brereton.

Although Silber was under the impression that he had express authority to settle upon the terms contained in the stipulation, Brereton…