Allen v. Nunez
Plaintiff served separate, individually-named proposals for settlement on a driver and the vehicle's owner (vicariously liable), each stating it was 'inclusive of all damages claimed by Plaintiff.' The Fifth District held the proposals ambiguous because paragraph 5 could be read to settle claims against both defendants. The Florida Supreme Court quashed, holding that read as a whole each proposal unambiguously resolved only the claims against the individually named offeree, and that the district court's 'nitpicking' improperly injected ambiguity.
Key facts
- Plaintiff served separate proposals for settlement on a driver and the vehicle's owner, each individually named as the sole offeree and each stating it was 'inclusive of all damages claimed.'
- The Fifth District Court of Appeal held the proposals ambiguous because one paragraph could be read to settle claims against both defendants, while the trial court had awarded attorney's fees under section 768.79 based on the proposals.
- +2 more key facts with a free trial
Why it matters
This is the Supreme Court's strongest statement to date limiting ambiguity challenges to proposals for settlement, extending Anderson v. Hilton Hotels from the multiple-plaintiff context to the multiple-defendant… — full analysis with a trial
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