Thornburg v. Lancaster

*90CARLTON, Justice.

I

Plaintiff seeks to recover for personal injuries she sustained when her automobile collided with one owned and operated by defendants. In their answer, defendants alleged that plaintiff is barred from bringing this action because she entered into a settlement agreement with defendants’ insurance carrier and was paid $3,394.50 as a full and final settlement of her claim.

Defendants filed a motion to dismiss pursuant to Rule 12 and further prayed, in the alternative, that a motion for summary judgment under Rule 56 be granted in their favor.

At the hearing on those motions,…