Justice HARRIS delivered the judgment of the court, with opinion.
¶ 1 Plaintiff, Gerson Badette, filed a complaint sounding in negligence against defendants, Albertano Rodriguez and Quality Building Supply Company, seeking recovery for damages sustained to his car after an October 12, 2011, car accident.
¶ 3 On August 19, 2013, the circuit court dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code. 735 ILCS 5/2-619(a)(6) (West 2012). On September 13, 2013, plaintiff timely appealed. Accordingly, this court has jurisdiction pursuant to Illinois Supreme Court Rules 301 and 303 governing appeals from final judgments entered below. Ill. S.Ct. R. 301 (eff. Feb. 1, 1994); R. 303 (eff. May 30, 2008).
¶ 5 On May 10, 2013, plaintiff filed a complaint sounding in negligence against defendants in regard to an October 12, 2011, car accident which resulted in damages to plaintiff's car. Plaintiff alleged defendant Albertano Rodriguez, an employee and agent of defendant Quality Building Supply Company, drove a company owned vehicle carelessly and negligently on Western Avenue in Chicago, Illinois. Near 18th Place, the Quality Building Supply Company vehicle driven by Rodriguez struck plaintiff's vehicle. Plaintiff alleged defendants had a duty to exercise ordinary care and caution in operating the vehicle to avoid damages to other vehicles on the road. As a direct and proximate result of defendants' negligent and careless actions, defendants' vehicle struck plaintiff's vehicle. In the resulting collision, plaintiff's vehicle "was damaged beyond repair." Plaintiff asked for damages "in an amount less than * * * $30,000."
¶ 6 On May 13, 2013, defendants filed a motion to dismiss plaintiff's complaint pursuant to section 2-619(a)(6) of the Code. 735 ILCS 5/2-619(a)(6) (West 2012). Defendants alleged that plaintiff had agreed to a release of the cause of action pursuant to a 2012 complaint plaintiff had filed against defendants under case number 12 L 731. Defendants argued the 2012 complaint stemmed from the same accident that occurred on Western Avenue on October 12, 2011. Defendants pointed out that plaintiff had been represented by counsel in the 2012 complaint and that the clear language of the release dismissed all of plaintiff's claims against defendants.
¶ 7 As an exhibit to their motion to dismiss, defendants attached a copy of the release. The release, which is titled "Release of All Claims" and references plaintiff as "I" and defendants as "You," contained the following clause:
In reference to payments plaintiff received, the release indicated that plaintiff had been paid $16,000 and that plaintiff agreed "not to seek anything further including any other payment." The release also stated plaintiff was "bound by this Release" and that plaintiff "understood and agree[d] to the terms of [the]Release." Plaintiff signed the release on September 26, 2012.
¶ 8 Plaintiff responded to defendants' motion to dismiss on July 22, 2013, arguing that the terms of the release he signed were ambiguous. Therefore, plaintiff argued
¶ 9 Relevant here, plaintiff's 2012 complaint alleged defendant Albertano Rodriguez drove a Quality Building Supply Company vehicle into plaintiff's lane and collided with plaintiff's vehicle. The resulting "collision* * * caused Plaintiff['s] * * * vehicle to be pushed off of the street and into a pole." Plaintiff's amended complaint contained similar allegations, including that defendants' vehicle struck plaintiff's vehicle. The interrogatories, dated July 13, 2012, included a question from defendants asking whether "any photographs [were] taken of the scene of the occurrence." Plaintiff responded that his "counsel is in possession of 11 photographs depicting the damage done to [his] vehicle as a result of the motor vehicle collision."
¶ 10 Plaintiff argued that his complaint and amended complaint in case number 2012 L 731 only referred to his physical injuries, not damages to his property. Plaintiff also pointed out that defendants' interrogatories did not seek any information as to any property damage plaintiff sustained in the incident or ask any questions regarding his vehicle. In addition to arguing that the terms of the release were ambiguous, plaintiff also argued that the release failed to make any reference to plaintiff's property damage. Accordingly, plaintiff argued that his intent in signing the release, and the intent of the parties, was to release defendants from his bodily injury claims only, not any claims for damages to his vehicle.
¶ 11 It appears from the record that defendants filed a reply to plaintiff's response to their motion to dismiss. The actual reply, however, is not part of the record.
¶ 12 On August 19, 2013, the circuit court granted defendant's motion to dismiss plaintiff's complaint pursuant to section 2-619(a)(6) of the Code. 735 ILCS 5/2-619(a)(6) (West 2012). The circuit court reasoned that the language of the release "is clear and unambiguous and * * * dispositive o[f] this issue." In its written order, the circuit court similarly stated that "[t]he dismissal is based on the unambiguous language of the release." On September 13, 2013, plaintiff filed his notice of appeal.
¶ 14 Before this court, plaintiff argues that the terms of the release are ambiguous
¶ 15 Defendants argue that the release must be enforced as written because its terms are clear, concise, and explicit. Defendants also point out that plaintiff was represented by counsel when he signed the release and that plaintiff's brief before this court does not contain any allegations that the release had been procured by fraud, duress, mistake, or illegality. Furthermore, defendants argue that plaintiff's misunderstanding of the meaning of the release is a unilateral mistake that does not void the release.
¶ 16 A motion to dismiss pursuant to section 2-619 of the Code admits the legal sufficiency of a claim but asserts affirmative matter that defeats the claim. Doe v. Diocese of Dallas, 234 Ill.2d 393, 396, 334 Ill.Dec. 649, 917 N.E.2d 475 (2009). Sections 2-619(a)(1) through (a)(9) provide a list of such affirmative matter. 735 ILCS 5/2-619(a)(1)-(9) (West 2012). Relevant here, section 2-619(a)(6) allows for the involuntary dismissal of a claim when "the claim set forth in the plaintiff's pleading has been released." 735 ILCS 5/2-619(a)(6) (West 2012). All facts in the pleadings, depositions, and affidavits found in the record may be considered upon review. Doe, 234 Ill.2d at 396, 334 Ill.Dec. 649, 917 N.E.2d 475. Pleadings and supporting documents must be interpreted by the court in the light most favorable to the nonmoving party. Porter v. Decatur Memorial Hospital, 227 Ill.2d 343, 352, 317 Ill.Dec. 703, 882 N.E.2d 583 (2008). If a defendant satisfies its initial burden of presenting affirmative matter defeating a plaintiff's complaint, the burden then shifts to the plaintiff to show that the asserted defense is unfounded or leaves unresolved issues of material fact as to an essential element. Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill.2d 112, 116, 189 Ill.Dec. 31, 619 N.E.2d 732 (1993). We review a motion to dismiss brought pursuant to section 2-619 of the Code de novo. Czarobski v. Lata, 227 Ill.2d 364, 369, 317 Ill.Dec. 656, 882 N.E.2d 536 (2008).
¶ 17 When reviewing a release, we apply contract law principles because a release is a contract. Farm Credit Bank of St. Louis v. Whitlock, 144 Ill.2d 440, 447, 163 Ill.Dec. 510, 581 N.E.2d 664 (1991). Our primary objective, therefore, is give effect to the parties' intent. Gallagher v. Lenart, 226 Ill.2d 208, 232, 314 Ill.Dec. 133, 874 N.E.2d 43 (2007). "A court must initially look to the language of a contract alone, as the language, given its plain and ordinary meaning, is the best indication of the parties' intent." Id. at 233, 314 Ill.Dec. 133, 874 N.E.2d 43. We will construe the whole contract at issue, and we will not determine the intent of the parties from isolated provisions standing alone. Id. Clear and explicit written agreements that are unambiguous will be enforced as written without the assistance of extrinsic or parol evidence. Rakowski v. Lucente, 104 Ill.2d 317, 323, 84 Ill.Dec. 654, 472 N.E.2d 791 (1984). We will only resort to extrinsic evidence to determine the parties' intent where a contract is susceptible to more than one meaning. Gallagher, 226 Ill.2d at 233, 314 Ill.Dec. 133, 874 N.E.2d 43. A self-induced or unilateral mistake is not a valid reason to set aside an unambiguous release. Rakowski, 104 Ill.2d at 324, 84 Ill.Dec. 654, 472 N.E.2d 791.
¶ 19 Applying the terms of the release to plaintiff's complaint in this case shows that the circuit court properly dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code. 735 ILCS 5/2-619(a)(6) (West 2012). Plaintiff's complaint sought damages from defendants because plaintiff's vehicle "was damaged beyond repair" in the collision that occurred with defendants' vehicle on October 12, 2011. Plaintiff alleged that the damages to his vehicle were proximately caused by defendants' alleged negligence. The clear terms of the release, however, release all of plaintiff's claims arising from the October 12, 2011, incident with defendants. Accordingly, we hold the circuit court did not err when it dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code (735 ILCS 5/2-619(a)(6) (West 2012)) based on the unambiguous language of the release.
¶ 20 Plaintiff argues before this court that the specific language of the release controls over the general provisions of the release. Even if we consider the release a general release, as plaintiff urges us to do, his argument fails because it is well established that a general release will be given effect where the parties knew of an additional claim at the time of the signing of the release. Whitlock, 144 Ill.2d at 447, 163 Ill.Dec. 510, 581 N.E.2d 664. Our supreme court has explained:
Plaintiff showed, ultimately to his detriment, that both parties knew of an additional claim, i.e., damage to his vehicle, when he presented his answers to defendants' interrogatories in response to defendants' motion to dismiss. In his answers to defendants' interrogatories, which predate the release he later signed, plaintiff admitted that his counsel possessed "11 photographs depicting the damage done to [his] vehicle as a result of the motor vehicle collision." Although plaintiff contends
¶ 22 The judgment of the circuit court of Cook County affirmed.
¶ 23 Affirmed.
Justices CUNNINGHAM and CONNORS concurred in the judgment and opinion.