Dunham v. Fullerton

Kara Dunham filed a lawsuit against Robert Fullerton for injuries stemming from an automobile accident. After filing his answer, Fullerton passed away. Fullerton's counsel then made a Wyo. R. Civ. P. 68 offer of settlement, and Dunham filed a notice of acceptance pursuant to Rule 68. Fullerton's counsel filed the acceptance along with the offer of settlement. The district court dismissed the action without prejudice, ruling that Dunham's acceptance was invalid because Dunham attempted to reserve the right to litigate all issues in an action against the estate. On appeal, the Supreme Court affirmed, holding that (1) the district court correctly recognized the legal requirement that a Rule 68 acceptance must mirror the offer, and (2) the district court did not err in refusing to enter judgment upon Dunham's acceptance of a Rule 68 offer of settlement. View "Dunham v. Fullerton" on Justia Law