Jacobs v. Fodde

DOWD, Judge.

This case deals with the issue of whether a certain agreement and transaction constitutes an assignment so as to bar an action by the plaintiff for property damages where the plaintiff’s property damages have been paid by his insurer.

As a result of an automobile collision, plaintiff sued defendant in two counts. Count I was for personal injuries; count II for property damages to an automobile in the amount of $1,675.00. Defendant in her answer pleaded a release. Defendant also filed a motion to strike the property damage claim as set out in count II of the petition. This motion…