Sherrod v. Kidd

¶1 This appeal follows a suit for personal injury. The defendants offered to settle. The plaintiff proceeded to arbitration. The arbitration award was less than the offer. The plaintiff then told the defendants she would accept the previous offer. We conclude that the “acceptance” of the offer, after a trial or an arbitration decision here, comes too late. It is, in the words of the Restatement (Second) of Contracts (1981), unreasonable. We then reverse the decision of the trial judge that enforced a settlement agreement despite the intervening arbitration award.

Sweeney, C.J.

*75FACTS

¶2 David and…