By The Law Offices of John Day, P.C. on Mar 25, 2024 06:00 am
Where plaintiff was the passenger in a car accident that occurred when the vehicle she was riding in crashed into fencing and construction equipment owned by defendant construction company that was located in the right lane of a street, and plaintiff had settled with and executed a release of the driver and the driver’s insurance company, the trial court’s grant of summary judgment to defendant construction company based on the release was reversed. In Neal v. Patton & Taylor Enterprises, LLC, No. W2022-01144-COA-R3-CV (Tenn. Ct. App. Jan. 18, 2024), plaintiff was riding in the passenger seat of a car when the car crashed into fencing and construction materials located in the right lane of the street. Plaintiff settled with the driver of the car and the driver’s insurance company, and she executed a release. The release listed the driver and insurance company, but it also contained some broad language releasing “all other persons, firms or corporations of and from any claim, demand, right or cause of action,…on account of or in any way growing out of any and all personal injuries…resulting from [the] accident[.]” Sometime after the release was executed, plaintiff filed suit against defendant construction company, claiming its negligence and negligence per se in the placement of and warnings about the construction equipment caused her injuries. Defendant moved for summary judgment, which the trial court granted based on the release executed by plaintiff. On appeal, this ruling was reversed.
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