Willard v. R & B FALCON DRILLING USA, INC.

836 So. 2d 424, 2001 La.App. 1 Cir. 2334, 2002 La. App. LEXIS 3988, 2002 WL 31895088
CourtLouisiana Court of Appeal
DecidedDecember 20, 2002
Docket2001 CA 2334
StatusPublished
Cited by7 cases

This text of 836 So. 2d 424 (Willard v. R & B FALCON DRILLING USA, INC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willard v. R & B FALCON DRILLING USA, INC., 836 So. 2d 424, 2001 La.App. 1 Cir. 2334, 2002 La. App. LEXIS 3988, 2002 WL 31895088 (La. Ct. App. 2002).

Opinion

836 So.2d 424 (2002)

Joseph Paul WILLARD
v.
R & B FALCON DRILLING USA, INC.

No. 2001 CA 2334.

Court of Appeal of Louisiana, First Circuit.

December 20, 2002.

*425 Barry A. Roach, Lake Charles, for Plaintiff-Appellant Joseph Paul Willard.

Barry J. Boudreaux, Houma, for Defendant-Appellee R & B Falcon Drilling USA, Inc.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

Plaintiff appeals devolutively from a trial court judgment ordering him to execute a *426 general release in favor of defendant and to conclude the matter in accordance with the terms and conditions of the settlement agreement previously reached by the parties. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On October 12, 1998, plaintiff, Joseph Paul Willard, was injured while employed as a Jones Act seaman by R & B Falcon Drilling USA, Inc. Mr. Willard subsequently filed a petition for damages against Falcon pursuant to the Jones Act and general maritime law. In an effort to resolve their differences, the parties engaged in mediation. On January 9, 2001, the parties reached a compromise agreement wherein Mr. Willard and Falcon agreed to settle the case for $320,000.00. In a letter dated January 9, 2001, counsel for Mr. Willard memorialized the essential elements of the settlement agreement. The letter was signed by counsel for Falcon on January 10, 2001, and returned the same day to opposing counsel. Thereafter, counsel for Falcon prepared a general release, receipt, and indemnity agreement that Mr. Willard would be required to execute at the February 7, 2001 settlement conference. The general release, which released all of Mr. Willard's claims and causes of action against all persons arising out of the accident of October 12, 1998, was forwarded to Mr. Willard's counsel on February 5, 2001.

Shortly before the February 7 settlement conference, counsel for Mr. Willard indicated that he wanted to reserve his client's rights against Falcon's physician, Dr. William St. Martin, under a theory of medical malpractice for allegedly failing to diagnose a back condition during Mr. Willard's pre-employment physical examination. He insisted that all that was contemplated in the settlement agreement was a resolution of Mr. Willard's case against Falcon, in its entirety, for $320,000.00. To the contrary, counsel for Falcon maintained that the settlement agreement contemplated a settlement of all of Mr. Willard's claims against all potential parties.

When it was clear that no compromise was imminent with regard to the language to be used in the release, both parties filed motions with the trial court to enforce the settlement. In addition to requesting that the settlement agreement be enforced, Mr. Willard requested that Falcon be taxed with penalties and attorney fees pursuant to La. R.S. 22:1220. Both motions were heard by the trial court on March 13, 2001, at which time the parties agreed that the January 9, 2001 settlement agreement was a binding agreement and should be enforced. Thus, the only issue before the court was how to enforce the agreement; i.e., should the parties sign a general release or a restrictive release, reserving a right of action against Dr. St. Martin. At the conclusion of the hearing, the court ruled in favor of Falcon. In an order dated March 14, 2001, the trial court ordered Mr. Willard to "execute a general release to be prepared by R & B Falcon Drilling USA, Inc., within thirty days of the hearing of March 13, 2001, and to execute whatever documents are necessary to conclude the matter in accordance with the terms and conditions of the said settlement."

According to the record, a settlement conference was held on March 22, 2001, at which time Mr. Willard signed the general receipt, release, and indemnity agreement prepared by Falcon and accepted a check from Falcon in the amount of $320,000.00. Other settlement documents were executed by the parties, along with a "Motion And Order To Dismiss With Prejudice," which was subsequently signed by the trial *427 court on March 28, 2001. Subsequently, on May 11, 2001, Mr. Willard filed a motion for devolutive appeal, challenging the order signed by the trial court on March 14, 2001.

Thereafter, on June 15, 2001, Falcon moved the trial court to dismiss Mr. Willard's appeal, alleging that he had "no right of appeal due to his actions of executing a receipt and release, executing a motion and order to dismiss with prejudice and accepting and negotiating a check for the agreed upon amount of the settlement between these parties." A hearing on the motion to dismiss the appeal was held on August 13, 2001, at which time the trial court denied the motion. A judgment denying the motion to dismiss the appeal was signed on September 11, 2001.

In the instant appeal, Mr. Willard assigns the following specifications of error:

1. [T]he trial court was clearly wrong in allowing witnesses to testify outside the four corners of the January 9, 2001 settlement agreement regarding the intentions of the parties confecting the settlement and what is customary within the practice of maritime law.
2. [T]he trial court was clearly wrong in disregarding the "four corners" rule, considering the intention of the parties and relying on custom within the practice of maritime law in ordering Willard to execute a general release despite the binding settlement agreement confected on January 9, 2001.
3. [T]he trial court was clearly wrong in not awarding punitive damages pursuant to Louisiana Revised Statute Title 22, Section 1220 based on the failure of Falcon to pay the agreed settlement within 30 days after the agreement was reduced to writing on January 9, 2001.

INTERPRETATION OF SETTLEMENT AGREEMENT

In his first two assignments of error, Mr. Willard asserts the trial court "violated the `four corners' rule by looking beyond the January 9, 2001 settlement agreement for guidance as to the intent of the parties and what is customary in the practice of maritime law." Mr. Willard suggests that the January 9, 2001 transaction and compromise was clear and explicit, thus requiring no further interpretation of the agreement by the trial court to determine the parties' intent. Conversely, Falcon contends there was a dispute between the parties as to which matters were intended to be settled by the compromise agreement, thereby making it necessary for the trial court to go beyond the four corners of the agreement to determine the parties' intent.

A transaction or compromise is "an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing." La. Civ. Code art. 3071. A compromise instrument is the law between the parties and must be interpreted according to the intent of the parties to the agreement. Smith v. Walker, 96-2813, p. 9 (La.App. 1 Cir. 2/20/98), 708 So.2d 797, 802, writ denied, 98-0757 (La.5/1/98), 718 So.2d 418. Thus, it follows that the compromise instrument is governed by the same general rules of construction applicable to contracts. Gaubert v. Toyota Motor Sales U.S.A., Inc., 99-2569, p. 3 (La.App. 1 Cir. 11/3/00), 770 So.2d 879, 881.

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Bluebook (online)
836 So. 2d 424, 2001 La.App. 1 Cir. 2334, 2002 La. App. LEXIS 3988, 2002 WL 31895088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willard-v-r-b-falcon-drilling-usa-inc-lactapp-2002.