Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Arch v. White

Court of Appeals of Iowa

February 20, 2019

DAVID CHARLES ARCH, Plaintiff-Appellant,
v.
JARED MICHAEL WHITE, Defendant-Appellee.

          Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.

         David Arch appeals the order granting Jared White's motion to enforce settlement agreement.

          L. Craig Nierman of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P., Iowa City, for appellant.

          Patrick L. Woodward and Ryan F. Gerdes of McDonald, Woodward & Carlson, P.C., Davenport, for appellee.

          Considered by Doyle, P.J., and Mullins and McDonald, JJ.

          DOYLE, PRESIDING JUDGE.

         David Arch appeals the district court's order granting Jared White's motion to enforce a settlement agreement. Upon our review, we conclude a valid and enforceable agreement was entered into by both parties and there was no material breach of the agreement. Accordingly, we affirm the court's order granting White's motion to enforce the settlement agreement.

         I. Background Facts and Proceedings.

         For the purposes of this appeal, the facts are essentially undisputed. The case arises from a June 2, 2017 motor vehicle collision involving Arch and White. On August 15, 2017, Arch filed his lawsuit against White claiming damages resulting from the collision. Arch held off on service of the suit papers pending ongoing settlement negotiations with White's insurance carrier, State Farm Insurance Company (State Farm). After a settlement was reached, Arch's attorney, L. Craig Nierman, faxed a letter addressed to State Farm claims adjuster Stefanie Edwards, stating:

My client has instructed me to accept your $3, 000.00 offer. Please immediately forward to me your release (please incorporate any amounts paid for property damage on the amount listed on the release) and check payable to "Phelan Tucker Trust Account" . . . only. I am assuming that you will not be including any other parties on the settlement draft unless we agree otherwise. Regardless, I will not distribute the proceeds until the release has been properly executed and sent to you.

         State Farm followed up by sending a release form to Nierman. No settlement draft was enclosed with the cover letter.[1] The release states:

For the Sole Consideration of
Three thousand ($3, 000) dollars the receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby releases and forever discharges Jared White his heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or, who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about June 02, 2017, at or near [location omitted].
This release expressly reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, their ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.