LEE v. KILLIAN

No. 2-88-067-CV.

761 S.W.2d 139 (1988)

Allison A. LEE, Appellant, v. Tim KILLIAN, Appellee.

Court of Appeals of Texas, Fort Worth.

November 30, 1988.


Attorney(s) appearing for the Case

Byrd, Davis & Eisenberg, Michael L. Slack, Austin, for appellant.

Oldham, Barnard & Vandeventer, Charles M. Barnard, Wichita Falls, for appellee.

Before FENDER, C.J., and BURDOCK and HILL, JJ.


OPINION

FENDER, Chief Justice.

Appellant, Allison A. Lee, who was plaintiff below, sued the appellee, Tim Killian, over injuries allegedly sustained in an automobile accident. The trial court granted summary judgment for the appellee on the basis of a valid waiver. Lee appeals on the grounds the waiver was obtained by fraud.

We reverse and remand for a new trial.

On November 17, 1984, appellant and appellee had a vehicle collision in a private...

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