Painter v. Peavy

CLECKLEY, Justice:

This civil action was brought for damages arising out of an automobile collision. Annette J. Painter, the appellant and plaintiff below, appeals an order of the Circuit Court of Mercer County, entered September 7, 1993, which granted summary judgment in favor of Patrick Devolta Peavy, the appellee and defendant below. The circuit court found that an accord and satisfaction was reached between the parties when the plaintiff deposited a check from the defendant’s insurance company tendered “[f]or full settlement of all claims,” irrespective of the notation “[deposited under…