Gast v. Ebert

BILLINGS, Chief Justice.

Plaintiffs John and Gayle Gast are the parents of Elizabeth Gast, a minor, who was injured in an automobile accident. They appeal from an order of the trial court granting summary judgment to defendant Steven Ebert on plaintiffs’ claim seeking rescission of a release agreement executed with defendant’s insurer. The issue is whether a factual dispute exists as to the validity of the release agreement. The Court concludes that there is a genuine issue of materia] fact and reverse and remand.

On November 24, 1981, Elizabeth Gast was injured while a passenger in an…