EDWARDSVILLE – Louisiana trucker Shane Richard backed out of a $400,000 settlement agreement in an injury suit, according to lawyers on both sides.
Richard's lawyers fired him as a client in December and defense lawyers for James Courtney of Troy and James Courtney Leasing of St. Jacob moved to enforce the settlement in January.
No one represented Richard as of Feb. 17.
Andrew Mundwiller of Cagle Law Firm in St. Louis and Eric Carter of Louisiana filed the lawsuit for Richard last March.
They claimed Courtney fell asleep while driving a Ford 550 on Interstate 55 in Collinsville at 4 a.m. on April 16, 2019.
Mundwiller and Carter claimed Courtney crashed into the rear of a tanker that Richard pulled with a Mack truck.
They claimed Richard suffered painful, permanent, and disabling injuries to his neck, spine, back, muscles, ligaments, nerves, and disks.
Courtney’s insurer retained Matthew Bing and Joshua Patrick of Waukegan.
On Nov. 15, former Cook County judge William Gomolinski mediated the suit for four hours and reported a settlement.
“Excellent submissions with several depositions and recorded statement along with voluminous medical bills,” he wrote.
On the same date, Mundwiller sent a confirmation letter to Bing and Patrick.
“The parties agreed to resolve the case in the amount of $400,000 with the defendants to pay the cost of mediation,” Mundwiller wrote.
He attached a notice of attorney’s lien stating the Cagle firm and Carter had a 40% contingency contract with Richard.
On Dec. 15, Mundwiller and Carter moved to withdraw from representation of Richard.
They gave no reason.
On Jan. 10, defense counsel Bing moved to enforce the settlement.
Bing claimed mediator Gomolinski brought Richard into a common room with counsel for both sides and a representative of Courtney’s insurer.
He added that the parties verbalized their understanding and agreement.
Bing claimed he emailed a release to Mundwiller and Carter on Dec. 9.
He claimed that on Dec. 14, he received a withdrawal motion from them and a lien for a $160,000 fee and $10,537.51 in costs.
“Upon receiving these documents, defendants’ counsel contacted plaintiff’s counsel and was informed that plaintiff is now refusing to sign the release,” Bing wrote.
He claimed oral settlement agreements are binding as long as the party seeking enforcement can demonstrate offer, acceptance, and a meeting of minds on material terms.
Madison County Circuit Judge Sarah Smith set a hearing Jan. 26, but Richard moved to continue it on Jan. 24.
He wrote that he had a tumor removed on Dec. 7 and was incapacitated by medications and unable to obtain an attorney or prepare for the hearing.
Smith granted the motion and set a hearing March 2.