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Eaddy v. Precision Franchising LLC

The trial court properly awarded attorneys' fees to the defendant after the plaintiff rejected the pre-trial settlement offer in her tort action.

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Rukiya Eaddy appeals from the trial court’s order awarding attorney fees to Precision Franchising, LLC1 Precision, pursuant to OCGA § 9-11-68 after Eaddy rejected Precision’s pre-trial offer of settlement. For the following reasons, we affirm the award.

The underlying tort action, brought by Eaddy against Precision and other defendants, arose out of an altercation between Eaddy and the owner of a franchised automobile service business for which Precision was the franchisor. Eaddy claimed on various grounds that Precision was liable for injuries she suffered in the altercation including vicarious liability for intentional torts and negligent retention, training, and supervision. It is undisputed that, in compliance with OCGA § 9-11-68 a, Precision made an offer to settle Eaddy’s claims for $1,000.00, and that Eaddy rejected the offer by failing to respond within 30 days. OCGA § 9-11-68 c. After Eaddy rejected Precision’s offer to settle, the trial court granted summary judgment in favor of Precision on all of Eaddy’s claims.

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