Copeland v. Humana of Kentucky, Inc. ( 1989 )

COMBS, Judge,

dissenting.

I respectfully dissent from the majority and would reverse and remand for trial. This case is similar in many respects to the case of Williams v. St. Claire Medical Center, Ky.App., 657 S.W.2d 590 (1983) and Paintsville Hospital Company v. Rose, Ky., 683 S.W.2d 255 (1985). The document executed by appellants was a covenant not to sue and was not a release as characterized by the majority, and did not inure to the benefit of the appellee.