Akinyemi v. National R. R. Passenger Corp., 79-1763

• Decision Date: 30 May 1980
• Docket Number: No. 79-1763,79-1763
• Citation: 640 F.2d 1345
• Parties: Robert F. AKINYEMI, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, a/k/a Amtrak.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 1345

640 F.2d 1345

205 U.S.App.D.C. 374

Robert F. AKINYEMI, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, a/k/a Amtrak.

No. 79-1763.

United States Court of Appeals District of Columbia Circuit.

May 30, 1980.

Appeal from the United States District Court for the District of columbia.

Before WRIGHT, Chief Judge, MacKINNON, Circuit Judge, and PENN, ^* District Judge.

JUDGMENT

This cause came on for consideration on the record on appeal from the United States For the reasons stated in the attached memorandum,

District Court for the District of Columbia and briefs were filed herein by the parties.

It is ORDERED and ADJUDGED by this court that the judgment of the District Court appealed from in this cause is hereby affirmed.

MEMORANDUM

This appeal is from a grant of summary judgment to defendant-appellee AMTRAK in a personal injury suit brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. (1976). Summary judgment was granted on the basis of an affirmative defense of accord and satisfaction.

On April 19, 1977 Mr. Akinyemi, an AMTRAK employee, sustained back injuries while working at the AMTRAK commissary stand in Washington, D. C. After receiving treatment and taking some time off from work, Mr. Akinyemi returned to his job, where he suffered a "reoccurrence" of the back pain. Again he received medical treatment. The "reoccurrence" took place on September 10, 1977.

Shortly thereafter Mr. Akinyemi, through his attorney, and AMTRAK, through its attorney, negotiated a settlement of Mr. Akinyemi's claims arising from the injury. No one else was present at the settlement negotiations. Agreement was reached on June 1, 1978 and a check was issued to Mr. Akinyemi on June 5. The accompanying release form stated that Mr. Akinyemi received the check "(i)n full and final settlement of claim for personal injuries sustained at or near Washington D. C., on or about April 19, 1977."

In the present suit Mr. Akinyemi asserts that the settlement agreement concerned only the April 19 accident, and not the September 10 "reoccurrence." Thus he is suing for additional damages. In the District Court AMTRAK raised an affirmative defense of accord and satisfaction. Although admitting that the release form signed by Mr. Akinyemi contained a latent ambiguity, in that it did not specifically mention the "reoccurrence" of Mr. Akinyemi's back problems on September 10, AMTRAK argued that the evidence submitted in the form of affidavits and...