Kindig v. Smith

ERB, J.,

This matter is before the court on defendant’s motion for summary judgment.

*138Plaintiff was involved in an automobile accident with defendant on March 18, 1983. As a result of that accident, plaintiff suffered personal injuries, as well as property damage to his car. On March 29, 1983, two checks in the amount of $795 and $125 were issued and paid to plaintiff on behalf of defendant. The check in the amount of $795 was marked as payment for property damage and the check in the amount of $125 was marked as “in full settlement of all claims arising from the accident.” When the checks were…