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Vildibill v. Palmer Johnson Savannah Inc.

Since plaintiff tried to postpone any settlement and defendant agreed to hold the settlement offer open, a jury question remains as to whether the parties rescinded their settlement agreement.

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We are called upon in this appeal to determine whether the trial court correctly concluded that the parties had entered into an enforceable settlement agreement. We find that no enforceable agreement existed, and we reverse the trial court’s judgment.

Dr. Harry D. Vildibill, a Florida resident, and his family visited the waters in and around Savannah during the summer of 1996 on his boat, the “Over Forty.” The vessel sustained damage, and Vildibill contracted with Palmer Johnson of Savannah, Inc. to make the necessary repairs. When the boat was returned to Vildibill in November 1996, he noticed that it appeared to be leaking, but he did not realize the severity of the problem until an inspection of past repairs was performed at a boat works in St. Petersburg, Florida in mid-1998. That inspection revealed improper repair done with poor workmanship that had damaged the boat extensively. Vildibill then retained an attorney, who wrote a demand letter to Palmer Johnson on August 24, 1998. Palmer Johnson responded by letter from its attorney on August 21, 1998, in which it proposed to have the boat inspected. After performing the inspection, on September 16, 1998 Palmer Johnson, through its attorney, sent Vildibill’s attorney the inspector’s report and offered to settle the claim for $5,952.96. On October 2, 1998 Vildibill rejected this offer and made a counteroffer of $10,679.66. The counteroffer was rejected by letter dated October 7, 1998, in which counsel stated that Palmer Johnson would not pay more than its initial offer.

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