Coulter v. Carewell Corp. of Oklahoma3/6/2001
Modified: 04/05/2001
Mandate Issued: 03/29/2001
APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA HONORABLE SHARRON BUBENIK, TRIAL JUDGE
AFFIRMED
Dolores Coulter appeals an order of the trial court overruling her motion to reconsider a prior order which refused to enforce a settlement agreement between Ms. Coulter and Carewell Corporation of Oklahoma, d/b/a Rest Haven Nursing Home (Carewell). The issue to be determined on appeal is whether the trial court abused its discretion in overruling the motion to reconsider. Based upon our review of the record and the applicable law, we find no abuse of discretion and affirm.
BACKGROUND
This case originated as an action for wrongful death brought by Ms. Coulter against Carewell. In May 1996, Marguerite Whitaker, Ms. Coulter's mother and a resident of Rest Haven Nursing Home, was involved in a drowning incident which allegedly occurred when she was left unattended while bathing. In April 1998, Ms. Coulter was appointed personal representative of her mother's estate. She initiated the suit against Carewell that same month, and, in March 1999, Carewell filed a petition for bankruptcy .
Carewell later agreed to mediate Ms. Coulter's claims, provided that the terms of any potential settlement would be kept confidential; that the settlement would be approved by the bankruptcy court; and that the proceeds would be paid by a source other than Carewell. On April 27, 1999, the case was mediated through Oklahoma Mediation/Arbitration Services and settled pursuant to financial terms mutually acceptable to the parties. The parties did not sign a settlement agreement on that day, but did sign a mediation agreement which outlined the financial terms of the settlement. The mediation agreement specifically states, "We intend the above agreement to be a legally binding and enforceable settlement contract and acknowledge that we entered into same without coercion or duress." They agreed that counsel for Carewell would draft the settlement agreement and send it to Ms. Coulter for her signature.
In May 1999, Carewell forwarded the settlement agreement, which included a release of all claims, to Ms. Coulter. The settlement agreement provided that Ms. Coulter would accept an undisclosed sum of money as full settlement of her claims in this case, as well as in a companion case.
The agreement reads in pertinent part:
In consideration of the payment of the sum of * the receipt of which is hereby acknowledged, the undersigned, Dolores Coulter, as Personal Representative of the Estate of Marguerite D. Whitaker, Deceased, (hereinafter referred to as "RELEASOR"), does hereby release, remise, acquit, and forever discharge Rest Haven Nursing Home, L.L.C.; Carewell Corporation of Oklahoma, Inc., and Tutera Health Care Management, L.P. and all of their present and former agents, servants, employees, insurers, affiliated entities, sister companies, predecessors, successors, assigns, subsidiaries, affiliates, partners, officers, directors, shareholders, or other controlling persons (hereinafter referred to as "RELEASEES"), from each and every right, claim, debt, demand, action, cause of action, suit and proceeding of any kind, whether known or unknown, which RELEASOR ever had, now have or may have in the future against such persons and entities, including but not limited to any claims arising out of the death of Marguerite D. Whitaker or arising from any care or treatment to Marguerite D. Whitaker at Rest Haven Nursing Home in Tulsa, Oklahoma . . . .
RELEASOR also covenants with RELEASEES to indemnify and save RELEASEES harmless from any claim
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