Lampe v. O'Toole

685 N.E.2d 423 (1997)

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Lampe v. O'Toole

Illinois Appellate Court
685 N.E.2d 423 (1997)

  • Written by Jody Stuart, JD

Facts

John and Becky Lampe (plaintiffs) sued Joan O’Toole (defendant) for personal injuries in trial court. O’Toole moved to dismiss, alleging that the Lampes had orally agreed to settle the claim. The Lampes asserted there was no agreement, because the Lampes had never signed the settlement release. The trial court dismissed the case and ordered O’Toole to pay the settlement amount. The Lampes appealed. Subsequently, the parties agreed to the following facts: (1) John Lampe agreed to O’Toole’s settlement offer and authorized the Lampes’ attorney to accept it; (2) the Lampes’ attorney informed O’Toole’s attorney of this acceptance and requested a release document; and (3) O’Toole’s attorney immediately sent the release. The Lampes argued that the settlement offer was not binding, because there was no meeting of the minds. The Lampes argued that because they refused to sign the release, the parties never agreed on settlement terms.

Rule of Law

Issue

Holding and Reasoning (Colwell, J.)

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