Lamb v. Fulton-DeKalb Hosp. Auth.

Parol evidence is admissible to show want or failure of consideration to support the enforceability of a contract.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Salvation Army filed a complaint for interpleader against its employee Janella Lamb, her counsel, and the Fulton-DeKalb Hospital Authority, d/b/a Grady Health System “Grady”, requesting that Lamb, her counsel, and Grady be ordered to determine their respective rights to medical benefits, due under the Salvation Army’s employee health insurance plan, to pay for medical expenses incurred as a result of Lamb’s treatment at Grady. Lamb appeals the grant of Grady’s motion for judgment on the pleadings and the denial of her motion to enforce a purported settlement agreement, arguing that the trial court committed multiple reversible errors. For the reasons set forth below, we affirm. On appeal from a trial court’s order on a motion to enforce a settlement agreement, we apply a de novo standard of review. Carey v. Houston Oral Surgeons .1 Because the issues raised are analogous to those in a motion for summary judgment, in order to succeed on a motion to enforce a settlement agreement, a party must show the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the nonmovant’s case. Punctuation omitted. DeRossett Enterprises v. Gen. Elec. Capital Corp. 2 Thus, we view the evidence in a light most favorable to the nonmoving party. Id.

So viewed, the record shows that on October 5, 2006, Lamb, an employee of the Salvation Army, sustained serious injuries in an automobile accident and was taken to Grady for treatment. At the time of her accident, Lamb was insured by the Salvation Army’s employee health plan, and, shortly after her admission to Grady, she executed an assignment of benefits form, which allowed her health insurance benefits to be paid directly to Grady. Lamb remained at Grady from the date of her accident through December 4, 2006, and incurred approximately $540,209.05 in medical expenses.

Lamb v. Fulton-DeKalb Hosp. Auth.

Parol evidence is admissible to show want or failure of consideration to support the enforceability of a contract.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report