Jessica Neal v. Patton & Taylor Enterprises, LLC

Syllabus

This appeal arises from a single-car accident in which the vehicle crashed into a fence, dumpster, and construction materials in the far-right lane of a city street. The plaintiff, who was sitting in the front passenger seat of the vehicle at the time of the accident, executed a release with the driver and the driver's insurance company. The plaintiff subsequently filed a complaint against the construction company who placed the construction materials on the street, alleging negligence and negligence per se. The defendant filed a motion for summary judgment. The trial court granted the motion on the ground that the claim against the defendant was precluded by the release. The plaintiff appealed. We reverse and remand for further proceedings consistent with this opinion.