 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sims v. Gernandt9/6/1994
the release to bar the plaintiff's claim it must "specifically refer to future claims or existing rights." Id.
In the instant case the release reads: "I Cyndee 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." This release does not specifically refer to any future claims or existing rights of plaintiff. N.C. Gen. Stat. § 1-52(16) provides a three-year statute of limitations for personal injury or physical damage to the plaintiff's property and states that "the cause of action, . . . shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant." N.C. Gen. Stat. § 1-52(16) (Cum. Supp. 1993). At the time she signed the release, plaintiff was not aware her gas line had been damaged. Therefore, plaintiff's negligence action against defendant for the damage to her gas line was a future claim that had not arisen when the parties signed the release. Since the release does not specifically refer to future claims, it does not bar plaintiff's claim. I would therefore reverse the trial court's entry of summary judgment against plaintiff and remand this matter for trial. I respectfully Dissent.
|