McLean v. Yost

This is a case in which defense counsel, in a personal injury action, made a supposed tender under the provisions of section 5 — 126 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1991, ch. 110, par. 5 — 126) (now 735 ILCS 5/5 — 126 (West 1992)) to settle for an amount of $18,000. No money was deposited with the court. Plaintiff refused, went to trial, and the jury delivered a verdict in defendant’s favor. Now defense counsel’s "tender” became a major problem because by motion for judgment n.o.v., plaintiff renewed her contention (made previously in a motion for summary judgment and…