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Taylor v. Steinberg6/13/2002
s "very negotiable." This court in Werner v. McAbier, supra, found that when either no settlement is offered or a counteroffer is not made, this can constitute lack of good faith to settle.
. Although the defense maintains that no counteroffer was made due to its belief that the doctor was not liable, a hearing was necessary to determine this issue given the evidentiary difficulties of the statements made in the doctor's records. In fact, the trial court did schedule a hearing, but when the matter had to be continued, the court decided the matter without a hearing.
. For the foregoing reasons, I do not agree with the majority that the trial court could deny the within motion without first conducting a hearing, and I would, therefore, reverse the trial court's denial of prejudgment interest and remand for a hearing.
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