ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> North Carolina Appellate Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: North Carolina Appellate Blog

By Sean E. Andrussier

ADVERTISEMENTS
In Hewett v. Weisser, the Court of Appeals addressed when a plaintiff's pleading of accord and satisfaction can act as a bar to the plainitff's personal injury claims.

After a 2004 motor vehicle accident, Gerald Hewett field a negligence action against Tonya Goode, the driver of the car Hewett was riding in at the time of the accident, and Robert and Bonnie Weisser, the driver and owner, respectively, of the vehicle Goode's car collided with. Hewett sought damages for personal injuries sustained in the accident. The Weissers filed a counterclaim against Hewitt for damage to their vehicle.

Hewett moved to dismiss the counterclaim based upon the doctrine of accord and satifaction. Hewett claimed that Bonnie Weisser accepted payment in full and satisfaction for the property damage to her vehicle.

The trial court eventually ordered summary judgment in the Weisser's favor because "plaintiff's affirmative defense of Accord and Satisfaction as to the Defendants' Weissers Counterclaim entitled the Defendants Weissers to judment as a matter of law."

Hewitt appealed, aruging that summary judgment was improperly granted because "no release or other writing exists to document accord and satisfaction." The Weisers argued that the trial court correctly granted summary judgment in their favor because "when a plaintiff pleads settlement and release as a bar to a defendant's counterclaim, the pleading constitutes a ratification of the settlement and bars both plaintiff's and defendant's actions[.]"

The Court of Appeals rejected the Weisers' argument becuase, in the context of motor vehicle accidents,


a settlement as to property damage cannot ?act as a bar, release, accord and satisfaction, or discharge of any claims other than the property damage claim, unless by the written terms of a properly executed settlement agreement it is specifically stated that the acceptance of said settlement constitutes full settlement of all claims and causes of action arising out of the said motor vehicle collision or accident.? N.C. Gen. Stat. § 1-540.2 (emphasis added).

The Court of Appeals held that the trial court improperly granted summary judgment for the Weisers because " without the 'written terms of a properly executed settlement agreement . . . [that] specifically stated that the acceptance of said settlement constitutes full settlement of all claims and causes of action arising out of the said motor vehicle collision or accident[,]? N.C. Gen. Stat. § 1-540.2, plaintiff?s pleading of accord and satisfaction cannot act as a bar to his personal injury claim."

Full post as published by North Carolina Appellate Blog on December 08, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0025 secs (from cache 11/02/26 23:58:59)