Coomer v. Phelps

Opinion of the Court by

Justice ROACH.

I. INTRODUCTION

This ease arises on appeal from the Pulaski Circuit Court which granted summary judgment in favor of the Appellees, Charlie Phelps and Progressive Northwestern Insurance Company (“Progressive”), Phelps’s insurer. The Circuit Court’s decision, which was affirmed by the Court of Appeals, relied exclusively on a release that the Appellant, Margaret Coomer, executed in favor of Mr. Phelps and his insurer. Coomer challenges the validity of this release, and likewise the summary judgment, on three independent grounds: (1) that the doctrine of…