October 2007 - Summary Judgment for Failure to Preserve Claims
October 2007 - The Circuit Court of Elmore County granted summary judgment on behalf of our client. The plaintiffs entered into a settlement agreement with our client and a co-defendant. Since the co-defendant was in bankruptcy, the settlement required court approval. The order failed to preserve any claims. The court ruled that the order acted as a release of all claims, and since both co-defendants would be considered joint tortfeasors, the failure to preserve claims acted as a waiver and release of our client. The case was defended by Gerald C. Swann, Jr.
