Sherrod v. Kidd (April 17, 2007)
The plaintiff was injured by a dog bite. The defendants made an open-ended settlement offer. The plaintiff proceeded to arbitration, which resulted in an award less than the settlement offer. The plaintiff then purported to accept the settlement offer, and the trial court enforced the settlement agreement.
On appeal, the plaintiff argued that the consideration for the settlement was the same before and after arbitration -- her promise to dismiss the lawsuit. The court of appeals reversed and held that the offer expired when the arbitrator announced the award. The court reasoned that "[i]mplicit in an offer (and an acceptance) to settle a personal injury suit is the party's intent to avoid a less favorable result at the hands of a jury, a judge or, in this case, an arbitrator."
Jason W. Anderson is a lawyer in Seattle Washington, and a principal at Carney Badley Spellman, P.S.
Jason devotes the majority of his time to civil appeals, which he has handled in all levels of Washington's appellate courts and the United States Court of Appeals for the Ninth Circuit.
Jason's appellate experience includes various areas of the law, including personal injury, products liability, insurance, health care, commercial disputes, dissolution/divorce, and more.
Jason came to practice after more than two years as a clerk for judges at the Washington State Court of Appeals, where he analyzed more than 100 appeals.
Jason also represents insurance carriers and producers in litigation and in administrative hearings before the Washington Office of the Insurance Commissioner.
Click to visit Jason's appellate practice blog.
E-mail: anderson@carneylaw.com
Phone: 206.622.8020
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