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Gomez v. Maricopa County8/10/1993
Elsie Gomez filed suit against Maricopa County on behalf of herself and her two minor children for the wrongful death of Victor Gomez, her husband and the children's father. The issue presented is whether a release agreement, signed by relatives of Victor to whom Elsie had given a power of attorney to settle her and the children's claims, bars this action. We hold that the release bars Elsie's individual action. We further hold that the release does not bar the action on behalf of the minor children because no court approved the settlement or appointed and authorized a guardian to settle the children's claims.
I.
On June 22, 1989, Victor Gomez entered the emergency room of the Maricopa Medical Center complaining of chest pain, shortness of breath, and lower right back pain. While under the care of medical personnel, Victor suffered a cardiopulmonary arrest and subsequently died on June 29, 1989. Victor listed Guadalupe Gonzales, who was Victor's live-in girlfriend and eight months pregnant with Victor's child, as his "next of kin" on the hospital informative form. At the time of his death, however, Victor was married to Elsie, who lived in Texas with her and Victor's children, Maylinda and Michael.
During Victor's hospital stay and after his death, several of his relatives expressed concern about the adequacy of Victor's medical care. On the day of Victor's death, hospital personnel met with various relatives to address their concerns. The county medical and risk management personnel
subsequently held other meetings with family members in an attempt to resolve any potential claims.
At a meeting on or about August 9, 1989, Abelardo Gomez and Gloria Hernandez, Victor's brother and sister, stated that they would represent the family in negotiating and settling the claims. They specifically indicated they wanted Victor's five children and his parents to receive compensation.
On or about August 10, 1989, after consulting with the county attorney's office, the county's risk management personnel explained to the brother and sister that they needed to acquire proof of their authorization to represent each claimant as well as proof of each claimant's entitlement to recovery. The county provided the brother and sister funds to travel to Texas and Mexico to acquire the necessary documents and signatures.
The brother and sister returned to Arizona with all necessary documents and signatures, with the exception of Elsie's power of attorney. Elsie chose to return with Victor's siblings to Arizona.
County personnel held one or two more meetings with the brother, the sister, and Elsie. On August 23, 1989, Elsie signed a power of attorney giving the brother and sister the right and authority to act as her agent in negotiating and settling her claim as well as the claims of Michael and Maylinda. The document conferring power of attorney included the statement that Elsie understood that "this settlement" was binding and that no other claim could be made by her or the children.
On August 28, 1989, the brother and sister signed a "Receipt, Release, and Indemnity Agreement" (the Agreement), releasing the claims of specified relatives, including Elsie, Maylinda and Michael. In exchange for the release, the county purchased annuity policies, under which each of the five children would receive a $100 monthly payment until the age of 18, when each would receive a lump sum payment of $10,000. The county also purchased annuity policies for Victor's parents. The Agreement did not provide for any payment to be made to Elsie.
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