Settlement - Assignable or not?
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After being injured in a motorcycle accident, Gary retained the law firm of High & Low to represent him in suing the other driver. Later, in an unrelated incident, Gary dislocated his shoulder and required surgery. Having no money to pay the surgeon, Gary signed a latter addressed to High & Low requesting that any money from the motorcycle accident settlement be assigned to the surgeon for treatment of Gary's shoulder. Gary personally delivered the letter to the receptionist at High & Low. Eventually, High & Low were successful in negotiating a settlement in Gary's favor. But, when the firm received the settlement check, Gary instructed his attorney to pay the money directly to Gary. The attorney did as Gary asked. As a result the surgeon was never paid.
If the surgeon sues High & Low, can the surgeon recover if the law firm argues in defense that Gary's right to any settlement was not assignable.
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Solution Summary
Based on the scenario, this solution answers the question: If the surgeon sues High & Low, can the surgeon recover if the law firm argues in defense that Gary's right to any settlement was not assignable?
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