Peters v. Dealer Supply Co.

Banke, Judge.

This appeal is from a grant of summary judgment for defendants in a negligence action arising out of a motor vehicle collision. The summary judgment was granted based on an alleged settlement agreement between the parties.

Plaintiffs, husband and wife, sought judgment in the amount of $60,000. After answer and discovery, an agent of defendant’s insurer offered during a phone conversation with plaintiffs’ attorney to settle the case for $4,250. Plaintiffs’ attorney communicated this offer to plaintiffs; however, the latter understood it to be for $42,500 and accepted it on that…