Bryson v. Kenney

ROBERTS, Justice.

In the Superior Court (Cumberland County) Frances Bryson filed a complaint seeking damages for personal injuries arising out of an automobile accident. The defendant, Patricia Kenney, raised as an affirmative defense that an accord and satisfaction 1 between Bryson and Kenney’s insurer, Home Insurance Companies (hereafter “Home”), barred the suit. Summary judgment was entered for Kenney, and Bryson appeals, arguing that there is a genuine issue of fact as to whether Bryson and Home intended to settle Bryson’s entire claim. We vacate the judgment and remand to Superior Court…