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Contracts Keyed to Marshall
Herzog v. Irace
Citation:
594 A.2d 1106 (1991)Facts
Gary Jones was injured in a motorcycle accident and retained Irace and Lowry to represent him in a personal injury action. Soon thereafter, Jones dislocated his shoulder, twice, in incidents unrelated to the motorcycle accident. Dr. Herzog concluded that he needed surgery. At the time, Jones, in consideration for the performance of the surgery by the doctor, signed a letter, written on Dr. Herzog’s letterhead stating: “I, Gary Jones, request that payment be made directly from settlement of a claim currently pending for an unrelated incident, to John Herzog, D.O., for treatment of a shoulder injury which occurred at a different time.” Dr. Herzog notified Irace and Lowry that Jones had signed an assignment of benefits from the motorcycle personal injury action to cover the cost of surgery. In May, 1989, Jones received a $20,000 settlement in the motorcycle personal injury action. He instructed Irace and Lowry not to disburse any funds to Dr. Herzog indicating that he would make the payments himself. Dr. Herzog filed a complaint in District Court against Irace and Lowry seeking to enforce the June 14, 1988 “assignment of benefits.”
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