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McReynolds v. Krebs

The trial court did not err in denying defendant's motion for summary judgment wherein she argued that she and plaintiff entered into an enforceable settlement agreement because the evidence showed that defendant's insurance carrier's response to plaintiff's demand for payment, conditioned on the resolution of certain liens, did not constitute unequivocal acceptance of plaintiff's demand.

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Carmen McReynolds, one of two defendants in a tort action arising out of an automobile accident, appeals the dismissal of her codefendant, as well as her corresponding cross-claims. The trial court reasoned that the Tort Reform Act of 2005 had eliminated her claims of contribution or set-off and replaced it with a process of apportionment, which did not require the presence of the codefendant. She also appeals the denial of her motion to enforce a settlement agreement with the plaintiff. The evidence shows that plaintiff Lisa Krebs was riding as a front-seat passenger in a 2002 General Motors Chevrolet Trailblazer on Interstate 75 when the vehicle was struck by a car being driven by McReynolds. The impact caused the Trailblazer to roll over and land in a ditch, seriously injuring Krebs. Krebs brought suit against McReynolds and General Motors, alleging that the vehicle’s lack of crash-worthiness contributed to her injuries. McReynolds answered and filed a crossclaim against GM for, among other things, set-off and contribution.1 McReynolds also moved to enforce an alleged settlement agreement with Krebs, but the trial court eventually denied that motion.

On or about December 22, 2006, GM settled with the plaintiff; the terms included a confidentiality agreement. McReynolds then began a series of efforts to force Krebs and GM to disclose the terms of the settlement, including moving to compel responses to discovery. McReynolds argued consistently that, in the event she was found liable for Krebs’s injuries, she would be entitled to either contribution from GM or set-off in the amount of GM’s settlement.

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