Berlant v. McAllister

*238ELLETT, Justice:

This is an appeal from an order granting defendant’s motion for summary judgment. The facts are not in dispute and are as follows :

There was a head-on collision between a car driven by Grant Kimball Mower and one driven by plaintiff. Mower and his passenger wife were killed, and plaintiff was injured. Plaintiff’s insurance carrier, without his knowledge or consent, made a settlement with the defendant and paid him $5,150 for a full release of all claims against plaintiff by reason of the accident in question. The last two paragraphs of the release read:. The undersigned hereby…