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Partain v. Pitts

The parties reached an enforceable settlement agreement in a personal injury action arising of an automobile accident, and the trial court erred in denying the defendant's motion to enforce that agreement.

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Kimberly Partain appeals the trial court’s order denying her motion to enforce a settlement agreement in this personal injury action arising from a motor vehicle accident. In her sole enumeration of error, Partain argues that the trial court erred in finding that the parties had not reached an enforceable settlement agreement. We agree and reverse.

The salient facts are not in dispute, and we apply a de novo review. Smith v. Hall, 311 Ga. App. 99, 100 714 SE2d 742 2011. In October 2010, Partain’s vehicle collided with the rear of Elizabeth and James Pitts’ vehicle. The Pitts filed suit on October 5, 2012, alleging that Partain’s negligence caused Elizabeth to suffer bodily injury and James to suffer loss of consortium. On October 9, 2012, their attorney, Stephen Carter, sent a settlement demand letter to a claims adjuster for State Farm Mutual Automobile Insurance Company State Farm, the liability carrier for Partain. In it, Carter provided State Farm with a time-limited settlement demand for Partain’s $50,000 policy limit. Carter also noted:

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