Legal Opinion
Gierhart v. Consolidated Rail Corp.-Conrail
Indiana Court of Appeals
Decided October 10, 1995No. 17A03-9503-CV-097PublishedCited by 10 opinions
1Opinion of the Court
OPINION
GARRARD, Judge.
Dale and Tammy Gierhart sued Consolidated Rail Corporation (Conrail) for damages after their daughter was struck and killed by a train at a railroad crossing. They now appeal the trial court's entry of summary judgment in favor of Conrail based upon a release.
The release, which Conrail pleaded as an affirmative defense and upon which it sought summary judgment, was signed by the Gier-harts and a representative of Conrail and was witnessed by David Hayes, a family friend of Gierharts. As expressly found by the trial court, the release (a) was captioned "General Release",…
2Cases cited7 opinions
- Prall v. Indiana National BankIndiana Court of Appeals · 1994
- Heavenridge v. MondyIndiana Supreme Court · 1875
- Roszell v. RoszellIndiana Supreme Court · 1887
- Urban Hotel Management Corp. v. Main & Washington Joint VentureIndiana Court of Appeals · 1986
- Sharp v. JonesIndiana Court of Appeals · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wedel v. American Electric Power Service Corp.Indiana Court of Appeals · 1997
- Estate of Spry v. Greg & Ken, Inc.Indiana Court of Appeals · 2001
- Meyer v. Marine Builders, Inc.Indiana Court of Appeals · 2003
- Mid-States General & Mechanical Contracting Corp. v. Town of GoodlandIndiana Court of Appeals · 2004
- Monroe Guaranty Insurance Co. v. LangreckIndiana Court of Appeals · 2004
5 more not listed; retrieve them via the Exa API.