United States Fifth Circuit
MARTINEZ v. BALLY'S LOUISIANA, INC., 00-30119
Counsel's statement in a deposition, intended to prevent discovery of facts related to physical injury, was an effective waiver of all claims for personal injury, even though counsel intended to waive only those claims based on physical contact and not those based on emotional distress.
Appellate Information
- Decided 03/26/2001
- Published 03/26/2001
Judges
- BARZILAY, Judge:, Before JONES and DeMOSS, Circuit Judges, and BARZILAY, Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- S. Michael Cashio, Kenner, LA, for Plaintiff-Appellant.
- For Appellees:
- Robert Lloyd Clayton,Michael McGrath Duran, Sherry L. Tew, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for Defendant-Appellee.