Ogren v. Graves

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiff, Elrene Ogren, sued defendant for injuries she sustained in a collision between defendant’s car and the car in which she was riding, driven by her husband. Defendant filed a motion to dismiss the complaint alleging that plaintiff had executed a general release before commencement of suit. Plaintiff asserted, as an affirmative matter, that the release was invalid. After a bench hearing on the issue of the validity of the release, the trial court granted defendant’s motion to dismiss.

Plaintiff appeals contending…