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Sabrina Francisv.Robert Jonathan Chavis

CourtCourt of Appeals of Georgia
Docket No.A18A0317
DecidedMay 8, 2018
Reporter331 Ga. App. 415
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceInsurance LawInsurance CoverageContract FormationContract InterpretationSummary JudgmentReversalRemand
Case Summary

Sabrina Francis sued after Robert Chavis admitted causing a collision in which his vehicle rear-ended her Henry County Sheriff’s Department vehicle. Chavis sought to enforce an alleged settlement based on an unrecorded telephone conversation with a State Farm claims associate. The associate said Francis agreed to accept $3,433 and sign a release, while Francis acknowledged the call but swore that she never accepted those terms and discarded the later mailing. Without holding an evidentiary hearing, the trial court enforced the settlement. The Georgia Court of Appeals reversed. Because the motion was decided on affidavits and documents, the court had to view the evidence in Francis’s favor and determine whether a genuine factual dispute existed. The conflicting affidavits created a jury issue about whether the conversation produced mutual assent or whether the claims associate’s letter was merely an offer. The court held that the trial court could not resolve that dispute on the paper record and remanded for further proceedings.

Opinion

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Sabrina Francis V. Robert Jonathan Chavis — The Atlanta Gleaner