Reliance Insurance v. Walker County

McMurray, Presiding Judge.

This wrongful death action arose on October 15, 1988, when a county-owned front-end loader being operated by the decedent Dennis Wayne Turner overturned and crushed him. The trial court granted Walker County’s motion for summary judgment on the basis of a covenant not to sue signed by the decedent which contained a disclaimer of liability. On appeal, this court concluded that this exculpatory clause barred the plaintiffs’ wrongful death claim on a negligence theory. Walker County had acknowledged that the exculpation provision did not relieve it from liability for…