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I don't know whether that is just sloppy writing on the part of the AP or whether the clause only requires that the parties "try" to settle the dispute before suing.

In this case. I think one can safely assume the writing on the part of the reporter is sloppy. I can't imagine any arbitration clause would say "try". If it did, the rules of construction in contract law would tend to favor the plaintiff's interpretation.

Back to my main question. Do you think the issue of her getting the car is pretty much a done deal and that the only remaining real question is that of additional damages? Frankly, I think if Hooters could resolve this case at this point by simply giving her the car, they would do it. If Hooter's offered to give her the car now and pay her attorney's fees to this point, that would go over very well with a jury or an arbitrator. Is there a provision for a party to make an offer of settlement under Florida law or procedures. If so, that might quickly end this case if Hooters made such an offer.

Do you think the issue of her getting the car is pretty much a done deal and that the only remaining real question is that of additional damages?

You of all people should know that there are no "done deals" in litigation!:)

Nonetheless, I think she has a strong case to recover the value of the car. But what model of Toyota?? Does she get a Tercel or a Landcruiser?

Getting additional damages gets dicey. You can't really recover for pain and suffering for a breach of contract case. She might eventually ask for punitive damages, but in Florida you can't ask for those until you jump through some procedural and evidentiary hoops.

Any settlement offers made would never be heard by the jury--they are all inadmissible in evidence as a matter of law.

And yes, Florida has an offer of settlement procedure as well as a mirror image demand for judgment procedure. I doubt this case will ever go to trial. Now that the motion to dismiss has been denied, the economics point toward settlement.