Mallard v. Jenkins

Birdsong, Presiding Judge.

Summary judgment was granted to the defendants in this case because the plaintiff had executed a general release of all claims marked prominently at the top “RELEASE OF ALL CLAIMS,” and, just above the signature, “(CAUTION — READ BEFORE SIGNING).” Mallard responded to the motion with an affidavit averring that Jenkins’ insurance agent Ethel McNair had never discussed a settlement with her and tricked her by delivering a draft for wage benefits and saying she wanted to advance some additional money for the holiday season, and by turning around as she left, saying she…