Chavez v. Kansas City Southern Railway Co.
2013 Tex. App. LEXIS 1388
| Tex. App. | 2013Background
- Chavez's family filed a wrongful death action against Kansas City Southern Railway and Juarez for deaths of Chavez's husband and son.
- Plaintiffs were represented by multiple attorneys from Rosenthal & Watson, P.C.
- Jury verdict favored defendants; trial court later set aside the verdict upon granting a new trial.
- Settlement negotiations produced a written settlement and an October 5, 2010 letter outlining terms, not filed with the record.
- A guardian ad litem was appointed for Joel, Chavez's minor son, and a hearing to approve the settlement was held on April 7, 2011.
- Chavez asked to switch firms and requested time to secure new counsel, leading to continuances and ultimately a June 23, 2011 hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the settlement enforceable under Rule 11? | Chavez argues the writing/filing requirements of Rule 11 were not satisfied. | Defendants contend substantial compliance via in-court entry and related judgments. | Rule 11 requirements not satisfied; enforcement error. |
| Did lack of continued counsel representation defeat enforcement? | Chavez consented to settlement; representation issues do not bar enforcement. | Counsel of record autorizado status was unresolved; lack of proper representation undermines enforcement. | Associational status and counsel's authority not satisfied; enforcement improper. |
Key Cases Cited
- Kennedy v. Hyde, 682 S.W.2d 525 (Tex. 1984) (Rule 11 is a minimum requirement for enforcing settlements)
- Knapp Medical Ctr. v. De La Garza, 238 S.W.3d 767 (Tex. 2007) (settlements must comply with Rule 11 to be enforceable)
- Padilla v. LaFrance, 907 S.W.2d 454 (Tex. 1995) (Rule 11 requires written or in-court entry of settlement)
- City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671 (Tex. 1979) (oral waiver/agreement described in judgment may satisfy Rule 11 if proper)