PLAINTIFF’S OFFER PURSUANT TO O.C.G.A. § 9-11-68
Plaintiff submits the following offer and states:
Plaintiff will accept $______.00, and will enter into an Agreement dismissing the pending action with prejudice under the following conditions delineated below:
2.This offer is made pursuant to O.C.G.A § 9-11-68;
The party to receive the proposal is the Defendant XXXXX through counsel;
The claim(s) this proposal is attempting to resolve: The negligence action currently pending as to all counts.
The relevant conditions of this offer are as follows: That $__________ shall be paid to the Plaintiff within the time required by the referenced statute; the amount proposed to settle the claim is as stated, no punitive damages are applicable; and the proposal includes attorneys fees and all other expenses that are part of this legal claim.
By making this offer of judgment pursuant to O.C.G.A § 9-11-68, Plaintiff does not agree or concede that this statute is constitutional. In fact, Plaintiff and her lawyers believe that O.C.G.A. § 9-11-68 is unconstitutional. However, Plaintiff’s lawyers have a duty to represent Plaintiff competently based on existing law, which includes O.C.G.A. § 9-11-68 unless and until that statute is found unconstitutional.
This______day of ______________, 2005.