Motion to Dismiss: Claim Released

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MOTION TO DISMISS

Defendant [Name], by and through [his/her] attorney, [Name of Attorney], moves pursuant to 735 ILCS 5/2-619(a)(6) to dismiss plaintiff [Name]’s complaint.

1. Plaintiff seeks to hold defendant liable for injuries that resulted from a motor vehicle accident between plaintiff’s car and defendant’s car, on [Date].

2. On [Date], plaintiff [Name] executed a release between [himself/herself] and defendant’s insurance company, accepting $_____ and releasing the defendant and [his/her] insurer from any further liability arising out of the accident that occurred on [Date].

3. A copy of the release is attached to the complaint.

WHEREFORE, defendant [Name] asks the court to dismiss plaintiff [Name]’s complaint.

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