Estate of Ed Albaugh
v.
UPS Freight
Appellant
Estate of Ed Albaugh
Appellee
UPS Freight
Attorney for the Appellant
Channing L. Dutton and Robert R. Conklin
Attorney for the Appellee
Donna R. Miller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Porter, Judge. AFFIRMED. Heard by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (10 pages)
Contending settlement of Ed Albaugh’s petition for partial commutation of workers’ compensation benefits had been reached before he died, the Estate of Ed Albaugh applied to the district court to enforce the settlement. The Estate and UPS Freight filed dueling motions for summary judgment. The district court found “that the parties engaged in settlement negotiations that did not result in an agreement on its final terms.” So the court found there was no agreement for the court to enforce. OPINION HOLDS: We cannot find that the parties ever mutually assented to the same settlement agreement. We therefore affirm the district court’s ruling on the parties’ motions for summary judgment.
