![]() Two days following the jury verdict, plaintiff issued a written demand on defendant to tender the full amount of $700,000 settlement agreement. The trial court entered judgment on that verdict. The trial proceeded and ultimately, the jury returned a verdict in favor of the plaintiff and against one of the defendants, but only in the amount of $332,425.00. So I encourage you to do what you need to do to protect your rights, the only thing for me to do is proceed with the trial. The method for you to do then after the trial, if you get a verdict less than the accepted offer, you file a breach of contract lawsuit So the defense is giving you two bites at the apple. ![]() ![]() Plaintiff’s attorney then brought the settlement matter to the attention of the trial judge who stated: (Notably, the settlement offer had no deadline for acceptance or withdrawal nor was there any evidence that plaintiff’s attorney had rejected the offer as made or countered with a change in its terms.) Offer was withdrawn, we will proceed.” Plaintiff’s attorney demanded that the settlement agreement be honored, but defense counsel refused. Plaintiff’s counsel followed up with a text message to defense counsel.Īpproximately 15 minutes later and before the court was scheduled to reconvene, defense counsel returned plaintiff’s counsel’s test with a text of her own stating, “Sorry. The following day, during a break in testimony, plaintiff’s attorney advised defense counsel that plaintiff accepted the offer. That evening, defense counsel confirmed in a text message that the offer was still open. In the underlying case, the defendants’ attorney had extended a $700,000 settlement offer during the course of the trial. In Tielke, a plaintiff’s personal injury attorney filed a breach of contract claim against the defendants and their attorney in an underlying slip and fall case after the underlying case went to verdict. It also may lead to a malpractice claim against plaintiff’s counsel. Those mistakes proved very costly to the plaintiff’s personal injury case, resulting in a loss to the plaintiff of nearly $400,000. The case involves mistakes made by both a trial judge and a plaintiff’s attorney as well as a possible ethical violation by a defense counsel. (1st) (181756), filed August 16, 2019, is a must read for members of the bench and bar who are engaged in litigation. The recent first district opinion in Tielke v.
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