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Speckel v. Perkins

Minnesota Court of Appeals
364 N.W.2d 890 (1985)

Written by Mary Pfotenhauer, JD

Facts

Sandra Speckel (plaintiff) sued Laurri Perkins (defendant) for damages resulting from a car accident. Speckel’s attorney, Stephen Eckman, requested the insurance policy limit of $50,000 to settle the case. A week before the scheduled trial, Perkins’s attorney, Donald Wheat, wrote a letter to Eckman, stating that he could not agree that this is a “limits case.” The letter offered to settle the case for $50,000. Wheat’s letter also offered to relay any offer Eckman may wish to make back to Perkins’s insurance company for its consideration. Eckman accepted the offer to settle for $50,000. Wheat informed Eckman that his letter was intended to offer a settlement for $15,000, not $50,000. The trial court granted Speckel’s motion to compel performance of the settlement agreement for $50,000. Perkins appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lansing, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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