Brewer v. National Railroad Passenger Corp.

Chester Brewer (plaintiff) was injured while working for the National Railroad Passenger Corporation, also known as Amtrak (Amtrak) (defendant). Brewer brought a personal-injury action against Amtrak. The trial court held a pretrial settlement conference, attended by the trial judge and the attorneys for Brewer and Amtrak. Brewer was not in the judge’s chambers during the negotiations, but Brewer and his wife were in the courthouse. Brewer’s attorney left the judge’s chambers to confer with Brewer during the conference. The attorneys reached a settlement, and the trial court dismissed the case. Subsequently, the parties disagreed over Brewer’s obligations under the settlement. According to Amtrak’s attorney, Brewer’s attorney agreed that Brewer would quit his job with Amtrak. According to Brewer’s attorney, there was no agreement to that condition. Amtrak moved to enforce Amtrak’s version of the settlement agreement, and Brewer moved to vacate the dismissal order. Brewer’s attorney asserted that Brewer never authorized him to give up Brewer’s job. Brewer’s attorney, Brewer, and Brewer’s wife each submitted an affidavit testifying that Brewer never agreed to quit his job, never authorized his attorney to make that agreement, and never was told that his resignation was a condition of the settlement. The trial judge rejected these assertions and assumed that Brewer’s attorney had conferred with Brewer regarding the resignation issue. The trial judge relied on the general presumption that the attorney speaks for the client. The trial court denied Brewer’s motion to vacate the dismissal order and granted Amtrak’s motion to enforce the settlement agreement. The trial court found that Brewer’s resignation was a condition of the settlement agreement and ordered Brewer to quit his job. In affirming the trial court, the appeals court also assumed that Brewer’s attorney conferred with Brewer regarding the resignation issue.