Lukanty v. Moglinicki

Plaintiff filed a personal injury complaint premised on premises liability and negligence. Subsequent to a settlement agreement plaintiff refused to sign a global release contending that his counsel lacked authority to settle. The trial court granted the defendants’ emergency motion to enforce settlement and plaintiff appealed. The appellate court reversed, finding defendants did not establish that plaintiff’s attorney had express authority to settle the case and there was no evidence that a valid settlement agreement was formed. (McBRIDE and ELLIS, concurring)