Desroches v. Complete Auto Transit, Inc.

This is an appeal from a summary judgment adverse to plaintiff Hazel L. Desroches in her action for damages for the deaths of her two sons, allegedly as a result of the negligence of defendants in a collision between two motor vehicles. The defense to that action was accord and satisfaction based upon a release. This case arose from a traffic accident which occurred on 26 March 1977 in which one son of plaintiff was killed instantly and the other died five days later from injuries sustained in it.

Within a few days of the death of the second son, an insurance adjuster representing defendants…