Ryan Nobile represented the defendant who was involved in a motor vehicle accident with the plaintiff, her father. The car she was driving was owned by her uncle and her uncle’s automobile insurance carrier negotiated a pre-suit settlement with the plaintiff. In exchange, the plaintiff signed a release agreement naming all named insureds and the defendant. The plaintiff then filed a lawsuit against the defendant. The trial court ultimately granted the defendant’s motion for summary judgment on the ground that the signed release agreement served as an accord and satisfaction of the plaintiff’s claims. On appeal, the plaintiff argued that the court incorrectly granted summary judgment as genuine issues of fact exist as to whether there was a mistake involved in the signing and later enforcement of the release agreement.
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