Shipkovitz v. North American Van Lines, Inc.

Nahra,, J.,

dissenting. This seems to me to be a simple contract matter. The plaintiff essentially said to defendant: “If you don’t agree to my property damage claim, I’ll sue you for an intentional or personal-type tort as well.” The parties did agree on the property damage claim and plaintiff accepted the money after altering the “full and final settlement” language on the check.

Plaintiff's acceptance and cashing of defendant’s check effected an accord and satisfaction of plaintiff’s property damage claim. Plaintiff’s altering of the “full and final settlement” language does not change that…