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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.

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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.”

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