Stevens v. McCarty

2 Citing cases

  1. Herring v. Dunning

    213 Ga. App. 695 (Ga. Ct. App. 1994)   Cited 84 times   1 Legal Analyses
    Holding that defendant’s compliance with plaintiff’s demand by paying policy limits in exchange for a release constituted an acceptance of plaintiff’s settlement offer

    However, letters or documents prepared by attorneys which memorialize the terms of the agreement reached will suffice.' [Cit.]" Stevens v. McCarty, 198 Ga. App. 412, 413 (1), 414 ( 401 S.E.2d 605). As a preliminary matter, we must decide whether a plaintiff's "offer to settle" an existing lawsuit for his personal injuries "for the limits of liability coverage" is an offer capable of acceptance. "`"(I)f the offer is in any case so indefinite as to make it impossible for a court to decide just what it means, and to fix the legal liability of the parties, its acceptance can not result in an enforceable agreement.

  2. White v. Orr Leasing, Inc.

    210 Ga. App. 599 (Ga. Ct. App. 1993)   Cited 4 times
    In White, the plaintiffs asserted that section 91.403 "creates a nondelegable duty to passengers and would make [defendant owner] absolutely liable for any negligent inspection."

    " Dickey v. Harden, 202 Ga. App. 645, 647 ( 414 S.E.2d 924) (1992). Despite plaintiffs' argument to the contrary, an attorney may bind his clients outside the context of formal litigation and this may be done by letter agreement, as here. Stevens v. McCarty, 198 Ga. App. 412, 414 (1) ( 401 S.E.2d 605) (1991); see generally Brumbelow v. Northern Propane Gas Co., 251 Ga. 674 ( 308 S.E.2d 544) (1983). Therefore, summary judgment as to Garner White and Garner White Enterprises, Inc. was appropriate on this ground and makes consideration of the remaining enumerations unnecessary as to these two defendants.