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Dennis v. City of Atlanta

Enforcing a release to bar the plaintiff's claims did not violate public policy, as Georgia law allows a party to release another from liability for future conduct and unknown claims if, as here, such intent is clearly expressed in the release.

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Alice Dennis, as guardian and conservator of an adult ward, Gloris R. Mason “plaintiff”, appeals from the trial court’s grant of the City of Atlanta’s motion to dismiss her complaint on the grounds that it was barred by the terms of a release. The plaintiff contends that the trial court erred because: 1 the release does not bar future unknown claims which were not brought in the previous complaint; 2 it should have treated the motion to dismiss as one for summary judgment and granted her an opportunity to submit a complete record of a 2006 lawsuit; and 3 the release violated public policy. For the reasons explained below, we affirm.

On appeal, we review the trial court’s grant of a motion to dismiss de novo. South Point Retail Partners v. North American Properties, 304 Ga. App. 419, 420 696 SE2d 136 2010.

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