Legal Opinion

Davis v. Discount Tire Co.

Court of Appeals of Arizona

Decided July 3, 1995No. 1 CA-CV 93-0524PublishedCited by 4 opinions

1Opinion of the Court

*572OPINION

TOCI, Judge.

This appeal involves the effect of an unaccepted Rule 681 offer of judgment made by the defendant, Discount Tire Company (“Discount Tire”), to the plaintiff, Christina Davis, early in the course of a personal injury lawsuit. Later, at the mandatory settlement conference, Discount Tire orally offered to settle with Davis for less than Discount Tire’s previous Rule 68 offer of judgment. After Davis rejected the oral settlement offer, she obtained a jury verdict that was less than Discount Tire’s Rule 68 offer of judgment, but more than Discount Tire’s oral settlement proposal.

2Cases cited6 opinions

  1. Michael Grosvenor v. Stephen Brienen, Individually and as Sheriff of the County of McLean John Foster, and Gordon SimpsonCourt of Appeals for the Seventh Circuit · 1986
  2. Drozda v. McComasCourt of Appeals of Arizona · 1994
  3. Ayala v. OlaizCourt of Appeals of Arizona · 1989
  4. Fletcher v. O'DONNELLDistrict Court, E.D. Pennsylvania · 1990
  5. Digirolamo v. Superior CourtCourt of Appeals of Arizona · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Edwards v. McKeeCourt of Civil Appeals of Oklahoma · 2003
  2. Stafford v. BurnsCourt of Appeals of Arizona · 2017
  3. Clouse v. STATE, DPSCourt of Appeals of Arizona · 1999
  4. Stafford v. BurnsCourt of Appeals of Arizona · 2016

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