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McGee v. McMillion8/7/2000
Mercy McGee appeals from a summary judgment denying her recovery against John McMillion, D.O. Through one broad issue, McGee contends that the trial court erred in rendering the judgment. This is allegedly so because McMillion failed to establish as a matter of law that he was not bound by the settlement agreement upon which her suit was based. We affirm.
Background
McGee, and others, initiated a medical malpractice suit against McMillion and others. Settlement was discussed among the parties. As a result of those negotiations, McGee, the other plaintiffs, and McMillion executed (through their respective legal counsel) the following letter drafted by McMillion's attorney:
This letter is submitted in the context of good faith settlement negotiations pursuant to my telephone conference with Tommy on Tuesday, February 18, 1997, wherein your clients, David Johnson, individually and as personal representative of the estate of Margo Glickman Johnson, Jake Glickman and Mercy Brackeen, hereinafter collectively referred to as Plaintiffs, and my client, John McMillion, D.O., hereinafter referred to as Defendant, have agreed to settle this case under the following terms and conditions:
1. Contingent upon the execution of a Release and Compromise Agreement concerning the Plaintiffs' claims, with terms and conditions acceptable to all parties and their attorneys, Defendant and his insurer would pay to the Plaintiffs the total sum of $225,000 in full and final settlement of all of the Plaintiffs' claims relating to this matter.
2. Such Release and Compromise Agreement would include sufficient terms to fully and completely release and forever discharge Defendant and Defendant's insurer, and their present and former directors, officers, agents, attorneys and employees, hereinafter collectively referred to as Releasees, from all claims of any kind whatsoever, in any way related to, or arising directly or indirectly from the occurrence which forms the basis of this lawsuit.
3. Such Release and Compromise Agreement would include sufficient terms to fully protect and indemnify all of the Releasees from any subsequent claims, cross- claims, or third party claims that may be filed against the Releasees by any persons or entity that Plaintiffs have sued or settled with or hereinafter sue or settle with as a direct or indirect result of the occurrence which forms the basis of this lawsuit.
If Plaintiffs and Defendant have agreed to settle this matter as outlined above, please countersign this letter and return it to me immediately by fax. Your signatures will confirm that all matters contained in this letter are accurate and that you and the Plaintiffs understand, agree to and accept the above stated terms and conditions. Upon receipt of your fax, I will prepare the Release and Compromise Agreement as well as the Motion and Order for Dismissal.
McGee and the others eventually sued McMillion upon the aforementioned letter. Through her petition McGee alleged that 1) the document constituted a binding agreement obligating the doctor to pay $225,000 and 2) because he did not pay same, he breached the agreement. McMillion joined issue through a general denial and moved for summary judgment. Asserted in the motion were six grounds allegedly entitling him to relief. Furthermore, each involved the enforceability of the document. Through them, he contended, among other things, that the letter did not constitute a contract and that conditions precedent to the formation of the supposed contract or his obligation to perform (assuming a contract existed) had not occurred. The trial court subsequently entered summary judgment for McMillion withou
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