Overberg v. Lusby
District Court, E.D. Kentucky
1Opinion of the Court
OPINION AND ORDER
BERTELSMAN, District Judge.
This is a diversity action by a woman against her former husband for negligent or intentional infliction of a sexually transmitted disease.
On October 4, 1989, the court conditionally granted defendant’s motion for summary judgment on the ground that the release contained in the parties’ separation agreement bars plaintiff’s tort claim. Plaintiff was granted additional time to raise an equitable defense that would preclude application of the release. This matter is before the court upon plaintiff’s response to the court’s order, arguing that the…
2Cases cited25 opinions
- Smith v. SmithSupreme Court of New Jersey · 1977
- United States v. William Cramp & Sons Ship & Engine Building Co.Supreme Court of the United States · 1907
- Elaine Pilon v. University of Minnesota and the Regents of the University of MinnesotaCourt of Appeals for the Eighth Circuit · 1983
- Gumm v. CombsCourt of Appeals of Kentucky (pre-1976) · 1957
- Clark v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1959
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3Cited by5 opinions
- In Re Worth A. Sallee and Sandra M. Sallee, Debtors. Worth A. Sallee, Sandra M. Sallee, and John Wilson, Trustee, Plaintiffs-Appellees/cross-Appellants v. Fort Knox National Bank, N.A. And Dickinson Financial Corporation, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Sixth Circuit · 2002
- Elizabeth L. Overberg v. Larry LusbyCourt of Appeals for the Sixth Circuit · 1990
- Gardinella v. General Electric Co.District Court, W.D. Kentucky · 1993
- Sallee v. Fort Knox National Bank, N.A.Court of Appeals for the Sixth Circuit · 2002
- Backer v. Manning Family TrustCourt of Appeals for the Sixth Circuit · 2002