Iloh v. Stein

Plaintiff appeals the dismissal of his complaint and the denial of his motion to reconsider. The issue presented is whether language on the face of a check issued on behalf of defendant and accepted by plaintiff operates as a release to bar plaintiff’s present cause of action. We conclude that the trial court erred in determining that the check operated as a release of plaintiff’s claim. Therefore, we reverse the dismissal of plaintiff’s complaint.

Plaintiff, Dan Iloh, filed suit against defendant, Eleanor Stein, for injuries allegedly sustained in an automobile accident. Defendant served…