Frusetta

Linda Frusetta appeals from the summary judgment entered by the Superior Court regarding her claim against Gary Hauben and Robert Mike Hauben for personal injuries. She contends: “I. The trial court abused its discretion in granting summary judgment because it ignored the evidence presented by appellant, relied on respondent’s incorrect statement of facts, and failed to impose on respondent the burden of establishing evidentiary facts for every element necessary to entitle them to judgment. II. There is a triable issue of fact as to whether appellant’s cashing of the $250 check released respondents of all liability, thus the trial court abused its discretion in granting summary judgment.”

Statement of Facts

On March 21, 1986, an accident occurred involving an automobile driven by plaintiff/appellant Linda Frusetta and an automobile driven by defend ant/respondent Robert Hauben. The defendant’s vehicle was owned by codefendant/respondent Gary Hauben. At the time of the accident, the Haubens were iilsured by Twentieth Century Insurance Company (Twentieth Century).

Frusetta stated in a declaration she had discussions in April of 1986 with three women who identified…