Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Peacock v. Spivey

The trial court properly dismissed the plaintiff's suit alleging that asphalt company employees spilled diesel fuel, causing damage and contamination to his property, since the plaintiff agreed to voluntarily dismiss the suit as part of a mediation agreement in exchange for $25,000 and the good faith cleanup of the spills within 90 days.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

William Peacock appeals from the Superior Court of DeKalb County’s orders enforcing a settlement agreement reached by the parties during mediation and dismissing Peacock’s case with prejudice. Finding no error, we affirm. The instant appeal arises from appellant William Peacock’s suit alleging that employees of appellee Douglas Asphalt Co., Inc. “DAC” spilled diesel fuel, causing damage and contamination to his property. Peacock also sued several State of Georgia employees, alleging, inter alia, that they violated the Georgia Open Records Act OCGA § 50-18-70, et seq by failing to properly respond to his request for records pertaining to the alleged contamination of his property by DAC.

The parties, through their respective counsel, entered into a consent order staying discovery pending mediation. The mediation took place on July 3, 2003 and resulted in an agreement signed by Peacock, as well as counsel for the parties and the mediator. The mediation agreement provided for the “good faith cleanup of the spills” on Peacock’s property within 90 days by DAC with supervision by the “appropriate governmental agency”; the payment of mediation costs by the State of Georgia and DAC; the payment of $25,000 to Peacock “as settlement in full of all claims arising out of the matter” by the State and DAC; and, Peacock’s voluntary dismissal of “the lawsuit that is the subject of this agreement.”

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
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Defense Attorney

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...


Apply Now ›
Commercial Real Estate/Transactional Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, NJ is seeking an Experienced Commercial Real Estate/Transactional Attorney for a full-time position. ...


Apply Now ›
Litigation Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, New Jersey is seeking a Litigation Associate NJ Bar admission required. NY admission a plus but is no...


Apply Now ›
Go to Lawjobs