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Defense Summary Judgment Based on Pre-Suit Settlement.

Bretton C. Albrecht and Jorge Santeiro, Jr., of the Miami and Tampa offices respectively, recently prevailed in obtaining a summary judgment based on a pre-suit settlement. This was a high exposure auto accident case in which the Plaintiff was claiming extensive damages and injuries, including a burst fracture of the lumbar spine which had to be surgically repaired. The trial court had previously denied a summary judgment motion filed by prior defense counsel. The renewed motion filed by Bretton and Jorge set forth additional evidence and grounds establishing there was an offer, a mirror image acceptance, and performance of the terms, thereby creating a binding settlement. The trial court agreed and entered summary judgment for the defendant, granting the renewed motion. The defense will also be seeking attorney’s fees under a proposal for settlement.

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