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Zimmerman v. McColley4/26/2005
FOR PUBLICATION
STATEMENT OF THE CASE
Alan J. Zimmerman, Special Administrator of the Estate of Jack W. Dulin, deceased, appeals from the trial court's judgment in favor of Edward and Opal McColley on the McColleys' Petition to Enforce Settlement. Zimmerman presents a single issue for our review, namely, whether the trial court erred when it concluded that an enforceable oral agreement existed between the parties.
We affirm.
FACTS AND PROCEDURAL HISTORY
On April 24, 2001, the McColleys were injured when Dulin's car collided with their vehicle, and Dulin died as a result of the collision. Opal McColley's injuries were more serious than Edward's, and her medical expenses totaled approximately $100,000. The total cost of medical care for Edward's injuries was $5,000. At the time of the accident, Dulin was insured by Auto-Owners Insurance ("Auto- Owners"), and his policy limited liability coverage to $100,000 per person and $300,000 per accident.
After the McColleys received some correspondence from Auto-Owners, they asked their granddaughter, Christine Chamberlain, to assist them in their dealings with the insurance company. Chamberlain is not an attorney and had no experience with personal injury settlement negotiations, but she agreed to her grandparents' request. In September 2001, Chamberlain spoke with Rashelle Hall, an Auto-Owners claims representative, who informed Chamberlain that the McColleys had a right to hire an attorney to represent their interests. Hall also told Chamberlain that she felt "100 percent sure" that she and Chamberlain could settle the matter without an attorney, that she would no longer be able to discuss the claim with Chamberlain if an attorney were hired, and that she preferred to speak directly with Chamberlain. Transcript at 10.
Between September 2001 and March 2003, Chamberlain and Hall had no further contact. When they resumed communication on March 13, 2003, Hall advised Chamberlain that the two-year statute of limitations deadline was approaching and that a suit filed by April 24 would preserve the McColleys' claim in the event that a settlement had not been reached by that date. At some point thereafter, Hall proposed that they settle the claim for $65,000, but the McColleys rejected that offer. The McColleys also rejected Hall's subsequent offer of $75,000.
A few days before the statute of limitations would have run, Chamberlain again spoke with Hall about settling the claim. During that telephone conversation, Hall asked Chamberlain whether the McColleys would settle for $115,000, and the McColleys, who were standing in the kitchen with Chamberlain, told Chamberlain that they would. When Chamberlain returned to the phone, she accepted Hall's settlement offer on behalf of her grandparents and inquired about scheduling a meeting to receive the check and sign the releases. At that point, Hall stated that the $115,000 would be paid as a structured settlement. Chamberlain was not familiar with the concept of structured settlements, and after she heard Hall's explanation, she told Hall that her grandparents would not agree to such an arrangement.
On April 24, 2003, the McColleys filed a Complaint against Zimmerman as Special Administrator of Dulin's estate, alleging that Dulin's negligence caused them to sustain injuries. On January 2, 2004, the McColleys filed their petition to enforce settlement, alleging that a settlement for $115,000 had been reached before the date they filed suit. Following a hearing on that petition, the trial court entered judgment in favor of the McColleys and found and concluded in relevant part as follows:
1. As they app
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