Turner v. Williamson
321 Ga. App. 209
| Ga. Ct. App. | 2013Background
- Turner appealed a jury verdict in a wrongful death suit seeking to enforce a $25,000 policy-limits settlement.
- The claim arose from a fatal collision on August 14, 2010 in which Turner’s vehicle crossed the centerline.
- USAA CIC offered $25,000 and a release form under OCGA § 33-24-41.1 in December 2010.
- The release included additional provisions beyond the statute, including liability waiver and indemnity for liens and attorney fees.
- Material communications occurred between December 2010 and February 2011, culminating in turnover of disputed releases and subsequent litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a meeting of the minds on settlement terms. | Williamsons contend no meeting of minds due to conditional or unacceptable terms. | USAA CIC argues an acceptance occurred when terms were agreed in substance. | There was a meeting of the minds on the essential terms; the acceptance did not require exact release form. |
| Whether the January 4, 2011 offer was accepted unconditionally. | Offer was accepted with no conditions; claim of rejection due to release form. | January 4 letter proposed settlement conditioned on execution of a specific release. | January 4 did not unconditionally accept; however, later communications showed unequivocal acceptance of settlement terms. |
| Whether the inclusion of a release form not identical to the one offered defeats enforceability. | Plaintiffs argue any misalignment invalidates acceptance. | Unacceptable forms do not negate a meeting of minds on material terms. | Unacceptable forms do not preclude enforceability if terms were clearly agreed otherwise. |
Key Cases Cited
- Mealer v. Kennedy, 290 Ga. App. 432 (2008) (de novo review of uncontested settlements; contract principles apply to settlements)
- Hearn v. Dollar Rent A Car, 315 Ga. App. 164 (2012) (precatory language vs. mandatory terms in acceptance)
- Torres v. Elkin, 317 Ga. App. 135 (2012) (clarifies when acceptance imposes conditions and becomes counteroffer)
- Frickey v. Jones, 280 Ga. 573 (2006) (offer and acceptance must be unequivocal; conditional acceptances create counteroffers)
- McReynolds v. Krebs, 290 Ga. 850 (2012) (acceptance cannot be conditioned on non-stated issues—different releases may be immaterial to meeting of minds)
- Smith v. Hall, 311 Ga. App. 99 (2011) (meeting of minds can occur even if release form varies from the one contemplated in the offer)