CYRUS F. SARVESTANEY, Plaintiff-Appellant,
THOMAS TALLMAN and AMY TALLMAN, Defendants-Appellees.
from the Iowa District Court for Scott County, Thomas G.
appeals the district court decision denying his request to
set aside a settlement agreement in his tort action against
F. Sarvestaney, Davenport, appellant pro se.
W. Otto, West Des Moines, for appellees.
Considered by Mullins, P.J., and Bower and McDonald, JJ.
Sarvestaney appeals the district court decision denying his
request to set aside a settlement agreement in his tort
action against defendants. We find Sarvestaney has not raised
adequate grounds to support his position, and we note he
agreed, on the record, to the terms of the settlement. We
affirm the decision of the district court denying
Sarvestaney's motion to set aside the settlement
Background Facts & Proceedings
was involved in a motor vehicle accident with a vehicle
driven by Amy Tallman. On July 15, 2015, Sarvestaney filed a
tort action against Amy and Thomas Tallman alleging the
accident was caused by Amy's negligence. The Tallmans
denied liability and raised an affirmative defense alleging
Sarvestaney was at fault.
April 7, 2016, Sarvestaney's counsel, Jenna Green, filed
a motion to withdraw, stating there had been a breakdown of
the attorney-client relationship and asking for a
continuance. Sarvestaney resisted the motion, pointing out
the matter had been pending for several months and stating he
did not want to further delay resolution of the case. The
motion to withdraw was denied because it did not comport with
a local rule. Green filed a revised motion to withdraw on
April 12, 2016.
to the ruling on the revised motion, the parties had a
settlement conference on April 15, 2016, with Green
representing Sarvestaney. The parties entered into a
settlement agreement in which Sarvestaney would be paid $6500
and he would sign a release of his claims against the
Tallmans. The following statements were made on the record
before the court to memorialize the settlement agreement:
THE COURT: Okay. Have I accurately recited the settlement to
DEFENDANTS' COUNSEL: Yes, your Honor.
SARVESTANEY: Yes, your ...