Edwards v. Fincher

176 S.E.2d 505, 122 Ga. App. 176, 1970 Ga. App. LEXIS 821

• Court: Court of Appeals of Georgia
• Decided: June 23, 1970
• Docket: 45395
• Status: Published

Opinions

Jordan, Presiding Judge.

This is a personal injury action for damages sustained in an automobile collision. The defensive pleadings on motion for summary judgment disclose the uncontradicted fact that the plaintiff signed a receipt acknowledging payment "in full settlement and release of any and all claims of property damage, heretofore sustained, or which may hereafter arise, in consequence of any accident which occurred on or about 2 December 1968.” The trial judge denied the motion and certified his ruling for appeal. Held:

We reverse. The sole question for review is whether the release, though pertaining only to property damage, bars a subsequent action for personal injuries resulting from the same tortious act. The Supreme Court answered the question in the affirmative in Gregory v. Schnurstein, 212 Ga. 497 (93 SE2d 680), and this court must follow this ruling.

The trial court therefore erred in refusing to grant summary judgment for the defendant.

Judgment reversed.

Eberhardt and Pannell, JJ., concur. Jordan, P. J., concurs specially. Submitted June 4, 1970 Decided June 23, 1970 Rehearing denied July 8, 1970 Ingram, Flournoy & Downey, Conley Ingram, for appellant. G. Robert Howard, for appellee.