Kapusta v. Depuy Manufacturing Company

This case is here on petition to transfer from the Appellate Court. (See opinion reported in 229 N.E.2d 828.) This was a personal injury action instituted by the petitioner-appellant. The trial court granted a summary judgment in favor of the defendants. The Appellate Court affirmed the trial court's summary judgment holding that (1) a release given by appellant purporting to release all persons from liability for all injuries sustained from an automobile accident was a good defense for appellee, and (2) summary judgment was appropriate since affidavits filed by appellee showed the lack of a material issue of fact. After a review of the petition to transfer and of the Appellate Court decision, we are of the opinion that the Appellate Court reached a correct result and the petition to transfer should be denied. However, we cannot approve of the language in the opinion which states: