Elizabeth Burton v. Barth Fine

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 24, 2004 Session BURTON v. FINE Appeal from the Circuit Court for Hamilton County Neil Thomas, III, Judge No. E2003-01572-COA-R3-CV Filed July 9, 2004 Mrs. Burton and Mr. Fine had an automobile accident. Both sides claimed the accident was caused by the other’s fault. Mr. Fine settled his claim with Mrs. Burton’s liability carrier and gave Mrs. Burton a general release. Mrs. Burton’s claim proceeded to trial and she asserted that the release waived Mr. Fine’s defense of comparative fault. The trial judge held that it did not and approved…