Seaboard Construction Co. v. Clifton

Hall, Presiding Judge.

The defendant in a negligence case appeals an order denying its motion for summary judgment which was certified for review. In its pleadings, the defendant alleged that the plaintiff (a minor) was precluded from recovery because of a release given in 1960 by the guardian of the plaintiff’s property to one Amerson, a joint tortfeasor, and approved by the court of ordinary. The release acknowledged payment for the injuries received by the plaintiff in the collision described in the petition. In response to a request for admission, the plaintiff by and through her father as…