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BOURGEOIS v. FRANKLIN

No. 66034.

389 So.2d 358 (1980)

Jean BOURGEOIS, Individually and on behalf of her son, Johnny Cullins, and Johnny Cullins, Individually v. H. J. FRANKLIN, Catherine C. Franklin, Jack Donnow, Melvin Ockman, National Phosphate Corporation, Link Belt Corporation, ABC Insurance Company, X Y Z Insurance Company and Aetna Casualty Insurance Company.

Supreme Court of Louisiana.

October 6, 1980.

Attorney(s) appearing for the Case

Herman M. Schroeder, John J. McCann, McCann & Volk, New Orleans, for plaintiff-applicant.

Norman J. Pitre, Luling, Charles W. Dittmer, Jr., Wilson M. Montero, Jr., Martzell & Montero, John J. Weigel, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Esmond Phelps, II, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for defendants-respondents.

CALOGERO, Justice.

In a tort suit, where the attorneys for plaintiff and defendant, ostensibly with the assent of their respective clients, recite in open court the fact and amount of a compromise settlement without having reduced it to writing, may one of the parties thereafter enforce the settlement?

We granted writs here to review a Court of Appeal decision which held that defendants could enforce the settlement. 377 So.2d 1037

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