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McReynolds v. Krebs

Supreme Court of Georgia

725 S.E.2d 584 (2012)

Relevant factsFree

Carmen McReynolds (defendant) struck a car in which Lisa Krebs (plaintiff) was a passenger, seriously injuring her; Krebs sued McReynolds and General Motors and offered to settle with McReynolds for $25,000. McReynolds's insurer faxed back that it agreed to settle for $25,000 but also asked Krebs to call to discuss resolving liens against the recovery. McReynolds moved for summary judgment claiming a settlement had been formed, but the trial court denied the motion, and a jury later found McReynolds liable for over $1,200,000; McReynolds appealed the denial of summary judgment.

IssueFree

Whether a court will construe a purported acceptance as a counteroffer if the acceptance imposes a condition.

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