Soares v. Langlois

Summary

The Rhode Island Supreme Court held that the plaintiff’s negotiation of an insurance check marked “SETTLEMENT FOR INJURY SUSTAINED FROM AUTO ACCIDENT ON 8-4-00” constituted an accord and satisfaction of his personal-injury claim. The court affirmed the Superior Court’s dismissal, concluding that the trial justice properly assessed the evidence and credibility and that the check’s language and surrounding circumstances sufficiently indicated full satisfaction.

Holdings

1. The trial justice properly resolved the factual issues concerning accord and satisfaction in the evidentiary hearing because the parties agreed to that procedure and Soares participated without objecting to the process.
2. The negotiation of the check constituted an accord and satisfaction because the notation on the check and the totality of the circumstances sufficiently showed that the payment was offered and accepted in satisfaction of Soares's personal-injury claim.

Questions Presented

1. Whether the trial justice properly resolved the affirmative defense of accord and satisfaction in an evidentiary hearing before a jury was impaneled, including by weighing evidence and assessing witness credibility.
2. Whether negotiation of the $1,000 insurance check constituted an accord and satisfaction of Soares's personal-injury claim despite the check's failure to state expressly that payment was in full or final satisfaction of all claims.

Disposition

affirmed