Muniz v. Schrader

This is an appeal from a judgment of the district court upholding the settlement of a claim for damages in a wrongful death action. We affirm.

The judgment followed an evidentiary hearing on a motion by the defendants, seeking to enforce a settlement of the wrongful death claim. At issue was the authority of the decedent’s son, Jose Mun-iz, to enter into the settlement on behalf of Jose’s mother, Esther Muniz, a plaintiff in the action. Contrary to the position taken by Mrs. Muniz, the district court found that she had expressly authorized Jose to handle the claim, including settlement in his…