Amantiad v. Odum5/20/1999
sustained by the undersigned in consequence of the aforesaid incident."
Apparently, in conjunction with Amantiad's release, OTS executed a "Consent to Settlement Agreement and Release" (hereinafter referred to as the "Consent Agreement"), providing:
"WHEREAS, OAHU TRANSIT SERVICES, INC. (hereinafter "Employer/Carrier") have paid workers' compensation benefits to or on behalf of MICHAEL S. AMANTIAD and in consideration of a reimbursement of $13,000.00 pursuant to Section 386-8, Liability of Third Person, Hawaii Revised Statutes, Employer/Carrier consent to and approve the tort settlement of $25,000.00 payable to Michael S. Amantiad and do hereby release, indemnify, defend, and forever hold harmless CHRISTOPHER ODUM, ALAMO RENT-A-CAR, INC. and THE CONTINENTAL INSURANCE COMPANY and their respective successors, administrators, insurers and assignees from all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature that have been or may be hereafter at any time made or brought against Christopher Odum, Alamo Rent-A-Car, Inc. and The Continental Insurance Company, their respective heirs, executors, administrators, successors, and assigns, by the Employer/Carrier or by anyone acting on their behalf or holding by or through the Employer/Carrier arisen or arising out of an accident involving Michael S. Amantiad which occurred on or about February 3, 1993 on the Island of Oahu, as more specifically described in the Complaint filed March 22, 1995."
On July 1, 1996, pursuant to HRCP Rule 41(a)(1)(B), Amantiad, OTS, and Odum stipulated to dismiss with prejudice all claims and parties. Inasmuch as the parties filed a stipulation to dismiss, there was no judgment providing for the circuit court to retain jurisdiction for any reason.
On April 8, 1997, however, OTS moved to enforce the "settlement agreement." In support, OTS attached several documents, including inter alia: (1) the May 24, 1996 Agreement and (2) an Amended Stipulated Compromise and Release Agreement (hereinafter referred to as the "Amended Release Agreement"), which was not signed. The Amended Release Agreement provided for Amantiad's release, waiver, and/or "wash" of all future workers' compensation benefits and provided a signature line for Gary S. Hamada, who was designated on the Amended Release Agreement as an Administrator of the Disability Compensation Division of the Department of Labor and Industrial Relations (DLIR). The attached copy of the Amended Release Agreement was not signed by Hamada. OTS's ultimate request for relief in its motion to enforce settlement was
"that an order be issued requiring MR. AMANTIAD and his attorney, either Stephen Hioki or Melvin Agena, sign the Amended Stipulated Compromise and Release Agreement in which MR. AMANTIAD agrees to waive his right to future worker's compensation benefits from the February 3, 1993 accident. Alternatively, OTS requests that this court issue an order invalidating the settlement agreement in that OTS' consent was improperly obtained."
On July 22, 1997, in opposition to the motion to enforce settlement, Amantiad filed a declaration of counsel, Frank M. Fernandez (who was newly hired), and an affidavit by Amantiad. Fernandez's declaration averred that Amantiad did not have his workers' compensation attorney present at the settlement conference, that Amantiad would not have settled his future workers' compensation benefits had Mr. Hioki been present, and that "Amantiad was confused and was at a loss" without Mr. Hioki. Amantiad averred essentially the same.
The circuit court granted OTS's motion to enforce the settlement on August 26, 1997. On September 16,
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