SAN FRANCISCO – A San Joaquin County man alleges an auto manufacturer has not held up its terms of a settlement between the parties.
Roscoe Walker filed a complaint on Nov. 1 in the U.S. District Court for the Northern District of California against Ford Motor Co. alleging breach of contract.
According to the complaint, the plaintiff alleges that, on Sept. 4, 2007, he filed a lawsuit for personal injuries arising out of an automobile accident in 2005 with Ford named as one of the defendants. The suit states that both plaintiff and his wife accepted offers to compromise on Aug. 19, 2011, which created a binding and irrevocable settlement contract. The suit states that the defendant accepted the plaintiff's wife's compromise and has mailed her a settlement check, but stated it would not perform under the plaintiff's terms of the settlement unless he agreed to claims regarding Medicare benefits. More litigation was held in the matter, and the court granted a motion to enter judgment in August, the suit states.
The plaintiff holds Ford Motor Co. responsible because the defendant allegedly refused to perform under the terms of the settlement and failed to forward settlement check to plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, attorney's fees, costs of suit and further relief as the court deems proper. He is represented by Joseph W. Carcione Jr. of Law Offices of Joseph W. Carcione Jr. in San Mateo.
U.S. District Court for the Northern District of California Case number 3:16-cv-06297