Noroski v. Fallet
Ohio Supreme Court
442 N.E.2d 1302 (1982)
On September 25, 1975, Frank E. Noroski (plaintiff), a civil engineer, and Ervin C. Fallet (defendant) were involved in an auto accident. Noroski suffered property damage, medical expenses, and lost wages as a result. On October 10, 1975, Celina Mutual Insurance Company (Celina), Fallet’s insurer, sent Noroski a check for $454.76 for Noroski’s property damage. Enclosed with the check was a release form for Noroski to sign. Noroski neither cashed the check nor signed the release. On December 31, 1975, Noroski and Celina’s claims adjuster held a telephone conversation. During this conversation, the claims adjuster agreed to pay Noroski an additional $119.10, bringing the total amount paid to $754.40. Noroski agreed during the conversation that the total payment of $754.40 constituted the full and complete settlement for Noroski’s bodily injuries and property damage resulting from the accident. Noroski later incurred additional medical expenses and lost wages. Upon Celina’s refusal to pay, Noroski brought suit against Fallet. Fallet argued the affirmative defense of full and complete settlement of the claim. At trial, Fallet introduced a recording of the December 31 conversation. The trial court found that, although the claims adjuster failed to follow procedure by not stamping the word “Release” on the second check, the telephone conversation constituted an enforceable release of all claims arising from the accident. Judgment was entered for Fallet. The court of appeals affirmed. Noroski appealed.
Rule of Law
Holding and Reasoning (Per curiam)
Dissent (Holmes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.