Douthwright v. Northeast: Difference between revisions

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary
No edit summary
Line 15: Line 15:
Consequently, in February 2001 Douthwright filed a motion for a default judgment for $1.5 million + interest.
Consequently, in February 2001 Douthwright filed a motion for a default judgment for $1.5 million + interest.


{{Timeline|1=Northeast sent Douthwright a $1.5 million check|2=25 April 2001|3= at evidentiary hearing, the trial court gave for Douthwright in the amount of $40,931.45 in interest|4=May 8, 2001|5=|6=|7=|8=|9=|10=|11=|12=|13=|14=|15=|16=|17=|18=}}
{{Timeline|1='''Northeast sent Douthwright a $1.5 million check'''|2=25 April 2001|3= at evidentiary hearing, the trial court gave for Douthwright in the amount of $40,931.45 in interest|4=May 8, 2001|5=|6=|7=|8=|9=|10=|11=|12=|13=|14=|15=|16=|17=|18=}}
|arguments=After the payment of $1 million & the $1.5 million, Northeast argued that it had sent Douthwright an [https://www.quimbee.com/keyterms/doctrine-of-accord-and-satisfaction accord & satisfaction] letter. https://www.law.cornell.edu/wex/accord_and_satisfaction
|arguments=After the payment of $1 million & the $1.5 million, Northeast argued that it had sent Douthwright an [https://www.quimbee.com/keyterms/doctrine-of-accord-and-satisfaction accord & satisfaction] letter. https://www.law.cornell.edu/wex/accord_and_satisfaction
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link

Revision as of 19:20, September 17, 2023

Douthwright v. Northeast
Court Connecticut Appellate Court
Citation 805 A.2d 157
Date decided September 17, 2002

Facts

A concrete pylon fell off a truck & crushed Mr. Douthwright ("Douthwright")'s leg.

Procedural History

  • Northeast Corridor Foundations ="Northeast" = 1 of the defendants

Douthwright sued several defendants for money damages in a Connecticut state court.

The opposing parties reached an oral agreement to pay Douthwright $3.2 million. The insurers of Northeast were supposed to pay Douthwright $2.5 million upfront.

In return, Douthwright withdrew his lawsuit in January 2001. Next, Northeast's insurer paid Douthwright $1 million. Northeast's other insurer refused to pay the remaining $1.5 million.

Consequently, in February 2001 Douthwright filed a motion for a default judgment for $1.5 million + interest.

25 April 2001
Northeast sent Douthwright a $1.5 million check
at evidentiary hearing, the trial court gave for Douthwright in the amount of $40,931.45 in interest
May 8, 2001





Arguments

After the payment of $1 million & the $1.5 million, Northeast argued that it had sent Douthwright an accord & satisfaction letter. https://www.law.cornell.edu/wex/accord_and_satisfaction

Resources