LEE B KIEFER V GEORGE MATICK CHEVROLET INCAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
LEE B. KIEFER,
July 15, 1997
GEORGE MATICK CHEVROLET, RANDY RICE
and GEORGE S. MATIC, JR.,
Wayne Circuit Court
LC No. 94-416774 NO
Before: Cavanagh, P.J., and Doctoroff and D.A. Teeple*, JJ.
Plaintiff appeals by right a Wayne Circuit Court order dismissing his action for age
discrimination under the Elliott-Larsen Civil Rights Act on the basis of an out-of-court settlement. This
case is being decided without oral argument pursuant to MCR 7.214(E).
At the evidentiary hearing concerning the making of the settlement agreement, plaintiff admitted
on cross-examination that he had indeed authorized his attorney to settle the case for $30,000. After
plaintiff ’s then attorney advised opposing counsel that the settlement offer was accepted and informed
the judge that the trial scheduled for the next day would no longer be necessary, plaintiff had a change of
heart. However, this is not a case where the evidence establishes that there was no actual meeting of
the minds, so that a formal, written settlement agreement or statement of the accord in open court is
required to make the settlement enforceable under MCR 2.507(H). Cf. Brunet v Decorative
Engineering, Inc, 215 Mich App 430, 436; 546 NW2d 641 (1996).
Here, there was a meeting of the minds, and inasmuch as plaintiff ’s counsel had actual authority
to settle the case on the terms ultimately effectuated, plaintiff had no right to subsequently revoke that
authority and thereby avoid the terms of the settlement. Michigan National Bank v Patmon, 119
Mich App 772, 779; 327 NW2d 355 (1982).
* Circuit judge, sitting on the Court of Appeals by assignment.
/s/ Mark J. Cavanagh
/s/ Martin M. Doctoroff
/s/ Donald A. Teeple