Thursday, December 26, 2013

Williams v. Glash case brief

Williams v. Glash case brief summary
789 S.W.2d 261 (1990)

CASE SYNOPSIS
Petitioner claimants sought review of a judgment from Harris County, First District (Texas), which granted summary judgment on behalf of respondent insurance company in an insurance claim case.

DISCUSSION

  • The court reversed the lower court's grant of summary judgment on behalf of respondent insurance company and remanded the case because it found that there was a genuine issue of material fact that precluded summary judgment. 
  • The court found that the release signed by petitioner claimants when they settled with respondent insurance company for an automobile accident did not contemplate the release of a claim for unknown injuries. 
  • The court found that petitioners intended to sign a release for any further property claims and had no knowledge at the time of signing that there were undiscovered injuries as a result of the accident. 
  • The court found that the summary judgment evidence regarding petitioner's objective intent when she signed the release showed that she had no knowledge of the injury, and that she did not bargain for the settlement of a personal injury claim. 
  • The court found that there was sufficient summary judgment evidence to establish that a genuine issue of material fact as to whether the parties intended the release to cover the injury for which suit was later brought.
CONCLUSION
The court reversed the summary judgment that was granted on behalf of respondent insurance company because it found that there was sufficient summary judgment evidence to show that petitioner claimants had not signed the release with the objective intent to release any further personal injury claims.


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