Gonzalez v. Claywell

Roger J. Gonzalez, the defendant in this negligence action, appeals an order awarding attorneys’ fees to Dawn Elizabeth Claywell, appellee, pursuant to section 768.79, Florida Statutes (2008), and Florida Rule of Civil Procedure 1.442. The proposal for settlement executed by Clay-well, who suffered significant injuries in the vehicular collision, offered to settle her lawsuit for $240,000, if Gonzalez’s insurance company, GEICO, tendered a check in the amount of $240,000 made payable to her. 1 The offer was not accepted and, after a jury trial, Claywell was awarded a total judgment of…