McDowell v. Lackey

Birdsong, Presiding Judge.

This interlocutory appeal is from the order of the trial court denying appellant’s motion for summary judgment. We granted application for review on the issue of whether the release executed by appellee/plaintiff and his wife precluded him from asserting against appellant/defendant any cause of action arising out of the incident at issue.

Appellant’s car slid off the road. Appellee, a certified emergency medical technician, went to appellant’s aid; while talking to and attempting to comfort appellant, appellee was struck by a skidding car driven by a third party.…