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Contracts Keyed to Whaley
Herzog v. Irace
Citation:Supreme Judicial Court of Maine, 1991. 594 A.2d 1106.
Anthony Irace and Donald Lowry (Defendant) were hired by Gary G. Jones to represent him in filing a personal injury claim in connection with a motorcycle accident. Dr. John P. Herzog (Plaintiff) treated Jones for a dislocated shoulder which was unrelated to his accident. While the accident claim was pending, Jones signed a letter saying the proceeds from the settlement were to be paid directly to plaintiff. Plaintiff confirmed with defendant that he could be compensated directly from the settlement proceeds, and then plaintiff performed surgery on Jones. Jones later instructed defendant not to distribute any of the $20,000 settlement to plaintiff because he would do so himself.
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