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Ferguson v. Smith2/28/2003
Affirmed.
Jason F. Ferguson filed this interlocutory appeal from the district court's decision granting summary judgment to State Farm Automobile Insurance Company (State Farm) on his breach of contract claim. We affirm.
Ferguson, Curtis Brading, and Shane Smith were involved in a single car accident in a vehicle owned by Smith's parents. State Farm was the liability carrier on the Smith car. Fifteen-year-old Ferguson, who claimed to have no memory of the accident, sustained injuries as a result of it. Smith and Brading informed police that Smith had been driving the vehicle. Smith also told State Farm claims specialist Ted Ash that he was the driver.
State Farm agreed to settle Ferguson's claim for $75,000, subject to approval of the court in a "friendly" hearing. However, prior to any action being filed, State Farm learned from Smith's father that Ferguson, not Smith, had been driving the car when the accident occurred. Smith and Brading had originally told police that Smith was the driver because they did not want Ferguson to get in trouble for driving without a license. Subsequently, State Farm withdrew its offer to settle the claim based on the fact that it was Ferguson's own negligence which caused the accident.
Thereafter, Ferguson filed a combined tort/breach of contract claim against State Farm and Smith, alleging (1) negligence against Smith, (2) breach of contract against State Farm, and (3) negligent entrustment against Smith. In his deposition testimony, Ferguson admitted to driving the car when the accident occurred and has since withdrawn the first claim.
Ferguson filed a motion for summary judgment as to his claim against State Farm. State Farm also filed for summary judgment. The district court granted summary judgment in favor of State Farm, finding that Ferguson and his mother
"did not have authority to compromise and settle the minor plaintiff's personal injury claim without the approval of the court. An attempted compromise settlement does not become effective by the consent of the parent and next friend, but by the judgment of the court acting upon the facts judicially ascertained."
The court also ruled that counsel for Ferguson and State Farm were both mistaken as to the identity of the driver, and concluded that "either the lack of authority to create a binding settlement contract or the mutual mistake of fact are grounds upon which to grant the summary judgment of State Farm and deny the motion of the plaintiffs."
Following the district court's ruling, this court entered its decision in White v. Allied Mutual Ins. Co., 29 Kan. App. 2d 797, 31 P.3d 328 (2001). Based on that opinion, Ferguson filed a second motion for summary judgment and a motion for reconsideration. The district court denied both motions but entered findings pursuant to K.S.A. 60-2102(b), which provided Ferguson an immediate appeal to this court.
Ferguson timely appeals. He has also filed a motion for attorney fees with this court.
Ferguson argues the district court erred in denying his motion for summary judgment and granting summary judgment in favor of State Farm. He contends State Farm was bound by the settlement agreement and that there was no mistake of fact which voided the agreement.
"'Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidenc
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