Smith v. Thompson

WALTERS, Chief Judge.

Keith Thompson set fire to a residence owned by Weldon and Elda Smith, destroying the building and personal property within it. Thompson later said that his employer, Ross Bird, encouraged him to burn down the house. The Smiths sued Thompson and Bird to recover damages for the destroyed property. Thompson admitted his liability in an agreed stipulation for judgment, and the Smiths dismissed their claim against him in return for his agreement to pay them a sum of money. After this agreement was executed, the district court entered summary judgment dismissing the Smiths’…