Wong v. Bailey, No. 84-8169
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Writing for the Court | Before HENDERSON and HATCHETT; ALBERT J. HENDERSON |
| Citation | 752 F.2d 619 |
| Parties | Alice W.C. WONG, Plaintiff-Appellant, v. Hugh Tolan BAILEY, Jr., Hugh Tolan Bailey, Sr., Defendants-Appellees. |
| Docket Number | No. 84-8169 |
| Decision Date | 08 February 1985 |
Page 619
v.
Hugh Tolan BAILEY, Jr., Hugh Tolan Bailey, Sr., Defendants-Appellees.
Eleventh Circuit.
Page 620
Richard P. Decker, Robert A. Moss, Atlanta, Ga., for plaintiff-appellant.
Douglas W. Smith, Atlanta, Ga., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Georgia.
Before HENDERSON and HATCHETT, Circuit Judges, and NICHOLS *, Senior Circuit Judge.
ALBERT J. HENDERSON, Circuit Judge:
Alice W.C. Wong appeals from the district court's grant of a motion for summary judgment filed by the appellees to enforce the terms of an oral agreement purportedly reached by the parties during the pendency of a suit initiated by Wong against Hugh Tolan Bailey, Jr. and Hugh Tolan Bailey, Sr. Finding no genuine issue of material fact as to the existence of the settlement agreement, we affirm the district court's judgment.
Wong filed this diversity action in September, 1982 in the United States District Court for the Northern District of Georgia seeking damages for injuries suffered when the automobile in which she was a passenger was struck by a car operated by Hugh Tolan Bailey, Jr. and owned by his father, Hugh Tolan Bailey, Sr. Shortly thereafter, Allstate Insurance Company, the Baileys' insurance carrier, offered Wong the $15,000.00 limit of the Baileys' policy in full and complete settlement of the lawsuit. The attorney for Wong orally agreed to the settlement offer in October, 1983. On October 28, 1983, the Baileys' counsel sent a letter to Wong's lawyer enclosing a settlement draft from the insurance company, a release of all claims, a stipulation of dismissal, and an affidavit and hold harmless agreement. Wong's attorney contacted the Baileys' counsel on November 9, 1983 and informed him that the general release clause was unacceptable because it did not contain the necessary language to preserve Wong's right to claim underinsurance benefits pursuant to the Louisiana policy insuring the driver of the car in which she was a passenger. When the parties were unable to agree over the insertion of the language, Wong's lawyer informed the Baileys' attorney that the parties could not consummate the settlement.
On November 10, 1983, counsel for the Baileys filed a motion for summary judgment or motion to enforce settlement. In its order granting the motion, the district court found that the need for the inclusion of the language necessary to preserve Wong's rights under Louisiana law was not discovered until after the settlement agreement was reached. The court also held that counsel for both parties understood that the standard procedure, including the insertion of a general release clause, would be followed in...
To continue reading
Request your trial
-
Tiernan v. Devoe, No. 89-2024
...Because this situation so closely resembles a grant of summary judgment, we will apply a similar standard of review. Cf. Wong v. Bailey, 752 F.2d 619 (11th Cir.1985) (reviewing district court's order granting a "motion for summary judgment or motion to enforce settlement" as it would a gran......
-
In re Lady Madonna Industries, Inc., No. 87 Civ. 2796 (RJW).
...in court proceedings is regulated generally by State law." In re Chism, 57 B.R. 23, 27 (Bkrtcy.M.D.Ala.1985) (citing Wong v. Bailey, 752 F.2d 619 (11th Cir.1985)). See also In re Beverly Hills Bancorp v. Commercial Paper Holders, 649 F.2d 1329, 1332 (9th Cir.1981) (settlement agreement is a......
-
Fritz v. Fed. Warranty Serv. Corp., CIVIL ACTION FILE NO. 1:20-CV-2210-MHC
...the brochure to make a claim, ultimately made a claim, and accepted the full reimbursement for his barbeque grill. See Wong v. Bailey, 752 F.2d 619, 621 (11th Cir. 1985) ("Assent to the terms of the agreement can be implied from the circumstances, and conduct inconsistent with a refusal of ......
-
US v. Dantzler Lumber & Export Co., Court No. 90-11-00600.
...General, 685 F.Supp. 260 (D.D.C. 1987); Capital Dredge & Dock Corp. v. City of Detroit, 800 F.2d 525 (6th Cir.1986); Wong v. Bailey, 752 F.2d 619 (11th Cir.1985); Read v. Baker, 438 F.Supp. 732 (D.Del.1977); Walden v. Sanger, 250 S.W.2d 312 (Tex.Civ.App. 1952), and 30 A.L.R.2d 953, § These ......
-
Tiernan v. Devoe, No. 89-2024
...Because this situation so closely resembles a grant of summary judgment, we will apply a similar standard of review. Cf. Wong v. Bailey, 752 F.2d 619 (11th Cir.1985) (reviewing district court's order granting a "motion for summary judgment or motion to enforce settlement" as it would a gran......
-
In re Lady Madonna Industries, Inc., No. 87 Civ. 2796 (RJW).
...in court proceedings is regulated generally by State law." In re Chism, 57 B.R. 23, 27 (Bkrtcy.M.D.Ala.1985) (citing Wong v. Bailey, 752 F.2d 619 (11th Cir.1985)). See also In re Beverly Hills Bancorp v. Commercial Paper Holders, 649 F.2d 1329, 1332 (9th Cir.1981) (settlement agreement is a......
-
Fritz v. Fed. Warranty Serv. Corp., CIVIL ACTION FILE NO. 1:20-CV-2210-MHC
...the brochure to make a claim, ultimately made a claim, and accepted the full reimbursement for his barbeque grill. See Wong v. Bailey, 752 F.2d 619, 621 (11th Cir. 1985) ("Assent to the terms of the agreement can be implied from the circumstances, and conduct inconsistent with a refusal of ......
-
US v. Dantzler Lumber & Export Co., Court No. 90-11-00600.
...General, 685 F.Supp. 260 (D.D.C. 1987); Capital Dredge & Dock Corp. v. City of Detroit, 800 F.2d 525 (6th Cir.1986); Wong v. Bailey, 752 F.2d 619 (11th Cir.1985); Read v. Baker, 438 F.Supp. 732 (D.Del.1977); Walden v. Sanger, 250 S.W.2d 312 (Tex.Civ.App. 1952), and 30 A.L.R.2d 953, § These ......