Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Arnold v. Neal

A notation on a settlement check stating that it was for "Full and final settlement of any and all claims. . ." did not constitute a counteroffer, deviating from the terms of the limited release.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this personal-injury action arising from a motor-vehicle accident, Donna Arnold appeals the trial court’s orders granting Danny Neal’s motion to enforce settlement and his motion for summary judgment. Specifically, Arnold contends that Neal’s insurance company’s tender was not identical to the terms of her settlement offer and, therefore, did not constitute an acceptance. For the reasons set forth infra, we conclude that the parties entered into an enforceable settlement agreement and, thus, we affirm the trial court’s orders.

The record in this case shows that on December 20, 2010, Arnold and Neal were involved in a motor-vehicle accident, in which Neal’s vehicle crossed the road’s double yellow line and collided head-on with Arnold’s vehicle. As a result, Arnold suffered injuries so severe that she incurred over $700,000 in medical expenses. Neal’s vehicle was covered by an insurance policy issued by Allstate Fire & Casualty Insurance Company “Allstate”, and the applicable policy limit was $100,000 for bodily-injury claims.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Environmental and Land Use - Associate Attorney (3-6 years) December 2024-January 2025

Adams Broadwell Joseph & Cardozo is accepting applications for an Associate Attorney to practice Environmental and Land Use Law in North...


Apply Now ›
Associate Attorney

Company Description Hyderally & Associates, P.C. is a law firm located in Montclair, NJ, specializing in all areas of employment law. T...


Apply Now ›
Go to Lawjobs