Bowen v. Kil-Kare, Inc.

The primary issue in this case is whether the Exhibit A release entitles appellees to summary judgment on Bowen’s negligence claim and the loss of consortium claims of Bowen’s wife and children. For the reasons that follow, we find that the Exhibit A release does not entitle appellees to summary judgment on these claims.

In the case at bar, the court of appeals found that Bowen, at his deposition, admitted to having signed the Exhibit A and B releases but that later, in his sworn affidavit, Bowen denied signing the releases. The court of appeals determined that Bowen could not create a genuine…