Boomer v. Caraway

LEWIS, Judge.

Plaintiffs intestate died from injuries received in an automobile accident with defendant on 31 August 1988. Plaintiff’s attorney at the time, Samuel L. Whitehurst, and defendant’s liability insurance carrier agreed to settle plaintiff’s wrongful death claim, and on 31 October 1988 defendant’s insurance company issued a check for $25,000 payable to plaintiff and her attorney. On 1 November 1988 plaintiff executed a release.

It is undisputed that Whitehurst embezzled the proceeds of the settlement and was subsequently disbarred. In May 1991 plaintiff retained her present counsel…