The defendant brought a motion under Rule 49.09(a) to enforce a settlement of the plaintiff's motor vehicle personal injury action.
The plaintiff opposed the motion, arguing she did not clearly authorize her former counsel to settle and abandon her case.
The court found that a settlement was reached and that there were no special circumstances, such as marked inadequacy or collusion, to justify exercising its narrow discretion to refuse enforcement.
The motion was granted, the settlement was enforced, and the action was dismissed without costs.
