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Moreno v. Strickland

Letters between the parties' counsel provided some evidence that the parties reached a settlement agreement before plaintiff filed his injury suit.

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Jeremy David Strickland, an incapacitated adult represented by his guardian Shree Strickland, sued Brigido Servin Moreno for personal injuries he suffered while riding a motorcycle that collided with Moreno’s truck. In his answer, Moreno asserted the affirmative defense of accord and satisfaction. Strickland moved for partial summary judgment on Moreno’s accord and satisfaction defense, and after a hearing, the trial court granted partial summary judgment on this issue to Strickland. The court held that, as a matter of law, the parties did not reach a settlement agreement in this case.

On appeal, Moreno makes four arguments: 1 whether the parties reached a settlement agreement is a jury question, 2 no writing was required to make the agreement effective, but if one were, a writing exists; 3 the trial court improperly shifted the burden of production to the non-movant, Moreno; and 4 a motion for summary judgment is not the proper avenue to defeat the affirmative defense of accord and satisfaction. Because we agree that, under these facts, whether the parties reached a settlement agreement is a jury question, we reverse the trial court’s grant of partial summary judgment to Strickland.

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