McClellan v. Boehmer

OPINION

DORSEY, Justice.

This is an appeal from a summary judgment which denied relief to the survivors and heirs of James McClellan in a survival and wrongful death action on the basis that a release signed by the decedent barred all subsequent claims.

The undisputed facts show that appellants’ decedent, James McClellan, was in a collision with appellee on March 17, 1982. Two days later, on March 19,1982, Mr. and Mrs. McClellan went to the Irving office of appellee’s insurer, State Farm Insurance Company. The McClellans met with claims representative Carolyn Karst and completed and signed a…