Williams v. St. Paul Companies
Decision Date | 01 October 1997 |
Docket Number | No. A97A1402,A97A1402 |
Citation | 492 S.E.2d 560,228 Ga.App. 656 |
Parties | , 97 FCDR 3627 WILLIAMS v. ST. PAUL COMPANIES et al. |
Court | Georgia Court of Appeals |
L.B. Kent, Columbus, for appellant.
Peter G. Williams, Columbus, pro se.
Tisinger, Tisinger, Vance & Greer, David F. Miceli, Carrollton, for appellees.
Attorney Peter Williams sued The St. Paul Companies ("St. Paul") alleging St. Paul tortiously interfered with his representation of clients in two separate lawsuits. The trial court granted St. Paul summary judgment, and Williams appeals. For reasons which follow, we affirm.
(Emphasis in original.) Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991).
Viewed in a light most favorable to Williams, the non-movant, the evidence in this case shows that Williams represented Myrtis Tinsley in a medical malpractice action against the Estate of George Norton, M.D. and an Alabama surgical clinic. Williams also represented Jessie and Bennie Wise in a separate medical malpractice action against the same defendants. St. Paul provided coverage to the defendants in both actions. In an effort to dispose of the two lawsuits, St. Paul proposed an aggregate settlement in which the settlement of each claim was contingent on settlement of the other. According to Williams' affidavit, he rejected the offer because Williams further asserted in his affidavit that "[i]t was impossible for [him] to perform [his] contract with either or both of [his] clients because of the way in which the settlement offer from Defendant was conditioned." Williams contends that St. Paul's settlement offer constituted a tortious interference with contract because it created this conflict of interest.
To establish a cause of action for tortious interference with existing and prospective contractual relations, a claimant must show " " Perry & Co. v. New South Ins. Brokers, etc., 182 Ga.App. 84, 89(4), 354 S.E.2d 852 (1987).
In his response to St. Paul's summary judgment motion, Williams failed to produce any evidence supporting any of the first three elements enumerated above. As to the first two elements, there is no evidence of any improper or malicious conduct by St. Paul in extending the aggregate settlement offer. We have long recognized that it is sound public policy to encourage parties to engage in settlement negotiations to the end that litigation may be avoided. See Justice v. Davidson Kennedy Co., 194 Ga.App. 585, 586...
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