Norton v. Blackham

STEWART, Justice:

The plaintiff filed suit claiming damages as a result of a car accident with the defendant. The trial court granted summary judgment for the defendant on the ground that the parties had entered into an agreement releasing the defendant. On appeal, the plaintiff claims that summary judgment should not have been granted because there are factual issues as to whether the defendant obtained the release by fraud or misrepresentation.

Plaintiffs appeal is without merit for two reasons. First, the issue was not properly pleaded. The complaint does not allege that the release was…