Tamez v. Southwestern Motor Transport

Sandra Silva de Tamez, as spouse of Tamez, as the representative of his Estate, and as next friend of Denise Silva de Tamez, a minor child, and Alicia Montalvo de Tamez ("Tamez") and Michael G. Willoughby appeal the summary judgments rendered in favor of Southwestern Motor Transport, Inc. ("SMT"). Tamez sued SMT and Willoughby under the Wrongful Death Act and Survival Statute for personal injuries and damages arising from a tractor-trailer accident. Subsequently, Willoughby cross-claimed against SMT and Edwin Montalvo and counter-sued Tamez, alleging negligence and vicarious liability. SMT filed two separate motions for summary judgment against Tamez and Willoughby, both based on the affirmative defenses of waiver and release. SMT contended that the Release Agreements signed by both Tamez and Willoughby released SMT from liability for any injuries caused by the negligent acts and/or omissions of SMT and/or its employees, officers, agents and/or servants. The trial court granted SMTs motions as to all claims. We affirm the judgment of the trial court.