PHOENIX (Legal Newsline) – A woman who lost her son then asked for $10 million from the Arizona city of Peoria has lost her lawsuit because her lawyer did not give the City enough time to mull the offer.
The Arizona Court of Appeals ruled this month against Kizzen James and her lawyers at Ahwautukee Legal Office and AJ Law in the wrongful death lawsuit stemming from a fatal traffic accident.
James’ son Isaiah McGinnis was hit by a car in October 2018 while walking home from school and died.
James’ notice of claim to the City asked for a settlement of almost $10.1 million with the direction: “This compromise to settle is valid for thirty (30) days from the date of this letter.”
Unfortunately for her, the relevant statute required her to keep the settlement offer open for at least 60 days. The City won dismissal of the case, which couldn’t be amended because the 180-day statute for bringing a notice of claim after an incident had already expired.
The letter James served upon the City was a contract offer, which manifested her intent to settle her claims against the City for its alleged liability regarding Isaiah’s death. In that regard, her letter explained the subject of the proposed contract, set forth an amount necessary for settlement, and unequivocally imposed a window of time in which the City was required to respond to validly accept the offer. If the City had been so disposed, it could have accepted these terms within that thirty-day window, thereby forming a legally binding contract,” Judge Brian Furuya wrote.
“Therefore, James’ imposition of the shorter window for acceptance was neither meaningless nor ineffectual.”