Erb v. Erb

WORTHINGTON, J,

— This matter comes before us on defendant Ellen Erb’s motion for summary judgment. The issue is whether plaintiff, Dennis Erb, released defendant from liability for injuries he sustained as a result of an accident, which he claims was either intentional or based on defendant’s negligence. The parties, currently divorced, had entered into a property settlement agreement which contained the release provisions upon which defendant is relying.

On August 30, 2004, plaintiff sustained injuries from a motor vehicle accident while attending a sporting event for one of his children.…