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Sims v. Gernandt9/6/1994
LEWIS, Judge.
Plaintiff took her car to defendant's repair shop for repairs. Plaintiff was dissatisfied with defendant's work because of a stain on the carpet and an odor. After Discussions, the parties agreed that defendant would refund the $30.00 fee paid. Defendant then presented plaintiff with a one-sentence release, which plaintiff signed.
Plaintiff alleges that she later discovered that her gas line had been damaged while her car was being repaired by defendant, and that the damage resulted in the carpet stains and the odor. Plaintiff then brought this action against defendant claiming that he fraudulently concealed the dangerous condition of her car. Plaintiff admits that she did not read the document that defendant gave her to sign, and that she did not know that she was signing a "release." The document signed by plaintiff read as follows: "I Cydnee C. Sims [plaintiff's signature] AGREE TO RELINQUISH DAN GERNANDT OF ANY RESPONSIBILITY WHATSOEVER, OF ANY KIND FOR MY 85 HONDA-CIVIC & HEREBY RECEIVE A REFUND IN FULL OF $30.00 FOR WELDING OF VEHICLE PEDAL." Plaintiff stated in her affidavit that she believed that she was signing a receipt for the $30.00 refund.
Defendant moved for summary judgment relying on the alleged release, and after a hearing, the trial court granted defendant's motion. From that judgment, plaintiff appeals.
I.
In her first assignment of error, plaintiff contends that the trial court erred in granting defendant's motion for summary judgment because the document signed by plaintiff did not release defendant from liability. Plaintiff argues that the language of the document renders it ineffective as a release. We disagree.
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law." Bernick v. Jurden, 306 N.C. 435, 440, 293 S.E.2d 405, 409 (1982). The moving party meets this burden by "proving that an essential element of the opposing party's claim is non-existent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim." Collingwood v. General Elec. Real Estate Equities, Inc., 324 N.C. 63, 66, 376 S.E.2d 425, 427 (1989). The papers of the moving party are carefully scrutinized while those of the opposing party are regarded with indulgence. Stroup Sheet Metal Works, Inc. v. Heritage, Inc., 43 N.C. App. 27, 30, 258 S.E.2d 77, 79 (1979).
Plaintiff argues that the wording of the document should render it void. Plaintiff asserts that in applying a literal, dictionary sense, one cannot "relinquish" another "of any responsibility" because one can only relinquish something with which one has a personal connection. Plaintiff argues that contrary to the document, she is not claiming that defendant ever had responsibility for her car. Instead, she contends that defendant is liable for his alleged defective work. In essence, plaintiff argues that "responsibility" and "liability" do not have the same meaning. Therefore, since the document purports to release defendant from responsibility and not liability, it is not effective as a release. Finally, plaintiff asserts that the document is ambiguous if not nonsensical, and that it should therefore be read against the drafter.
We hold that the document, as written, is effective a
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