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.© BrainMass Inc. brainmass.com March 4, 2021, 6:15 pm ad1c9bdddf
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?