Page v. Baldon

BATEMAN, Justice.

The appellants Rebecca Page and her husband, as plaintiffs, sought damages for her personal injuries received in a motor vehicle collision. The trial court granted appellees’ motion for summary judgment based on the defense of release and accord and satisfaction. The only question on this appeal is the existence vel non of a fact issue as to whether the release, admittedly signed by appellants, was induced by fraud.

By filing their motion for summary judgment the appellees assumed the burden of establishing the absence of any genuine issue as to any material fact pertinent to…