This section contains the nature of the case and procedural background.

P sued D and General Motors (GM) for serious injuries she received when D's car struck the GM vehicle in which P was a passenger. P offered to settle with D for $25,000. D's insurance carrier faxed this response: Our limits are $25,000/$50,000 and we agree to settle this matter for the $25,000 per person limit. Please call me in order to discuss how the lien(s) (Specifically, but not limited to the $273,435.35 lien from Grady Memorial Hospital) will be resolved as part of this settlement. D then moved for summary judgment in that P had entered into a settlement agreement. That motion was denied. The jury found D liable and awarded P $1,246,000. D appealed and the court of appeals affirmed. D appealed and the Georgia Supreme Court granted certiorari.

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