Tate v. Town & Country Lanes, Inc.

Plaintiffs commenced suit against Town and Country Lanes on July 12, 1976. Margaret Tate claimed damages for injuries she sustained when, while on defendant’s premises as an invitee, she fell on ice and snow in defendant’s parking lot. In response, defendant asserted, inter alia, the affirmative defense that plaintiffs had, on July 25, 1975, executed a release of all claims against the defendant. On this basis defendant moved for an accelerated judgment of dismissal which was granted in an order dated October 7, 1976.

On appeal from this order plaintiffs contend that the release is not binding…