Gaber v. Gaber

Plaintiff appeals from a summary judgment for defendant in this action for battery and intentional infliction of emotional distress. The decisive issue on appeal is whether plaintiff’s claims are barred by a release provision contained in a stipulated judgment that dissolved the parties’ marriage before this action was commenced. We view the evidence and all reasonable inferences that may be drawn from it in the light most favorable to plaintiff, the nonmoving party, to determine whether there is a genuine issue as to any material fact and whether defendant is entitled to judgment as a matter…