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

P brought a negligence action against D after she fell at one of its ice skating rinks. Testimony began on January 26, 1998. On that date, D offered P a settlement offer of $750,000.00. P's attorney informed D that P would accept $ 1.5 million in settlement up until the time she testified, after which she would not settle for any amount. The trial continued, two defense witnesses took the stand, and then P testified. No settlement was reached at that time. On January 29, 1998, after the conclusion of testimony, D offered P $ 750,000.00 in settlement. At the close of the conversation, D's attorney told P's attorney, 'You've got to get back to me.' No time limitations regarding the offer were communicated, nor was it indicated that the offer was only open until closing arguments began. After the offer was made, P's attorney left the courtroom to speak to P. P's attorney returned to the courtroom without P, who was in the restroom, and asked the trial court for two minutes to speak to his client before closings, to which the court agreed. At that time, D assumed P's attorney had not discussed the offer with P. Upon P's return, closing arguments commenced immediately. During D's closing, P authorized her attorney to accept the offer. After the University ended its closing, P's attorney gave his rebuttal. At a sidebar conference following closings, the attorney stated that P accepted D's settlement offer. D's attorney replied by stating, 'I don't know if it's still there, judge.' The next day, prior to jury deliberations, P orally moved to enforce the settlement. Judge Ribner denied the motion pending evidentiary hearings on the matter and the jury's verdict. The jury came back with a defense verdict. D filed a Motion for Post-Trial Relief and a Motion to Enforce Settlement. Judge Mazer Moss granted P's Motion to Enforce Settlement. D appealed.

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