HANNA S. LIPMAN, APPELLANT,
v.
JAMES LESTER AHEARN, SEALTEST FOODS DIVISION OF KRAFTCO CORPORATION AND IDEAL MUTUAL INSURANCE COMPANY, AP-PELLEES
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Plaintiff appealed summary judgment dismissing her personal injury claim arising from two rear-end collisions. The court affirmed, holding that a broad release signed by plaintiff in settlement of an uninsured motorist claim barred all claims related to the accident, even though multiple collisions occurred.
The court held that the release barred plaintiff's cause of action against the defendants. The broad language of the release, covering all claims arising from the accident regardless of the number of collisions involved, was sufficient to bar plaintiff's action.
[1] A release signed by an insured for an uninsured motorist claim may bar subsequent actions against other parties for injuries arising from the same accident, even if those…
[2] A release that broadly discharges "all other persons, firms or corporations liable or who might be claimed to be liable" from "any and all claims" arising from a specific…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the undersigned [Hanna S. Lipman] hereby releases and forever discharges State Farm Mutual Automobile Insurance Company, their heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about the 14th day of November, 1974 at or near Indian Creek and 65th Street.”
The release language establishing the broad scope of claims covered, including multiple potential scenarios and future injuries from the accident.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff's vehicle struck another car's rear bumper while changing lanes. A truck owned by Sealtest Foods Division then struck plaintiff's vehicle fr…
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HENDRY, Judge.
This is an appeal by plaintiff below from a summary final judgment entered in favor of the defendants in an action by plaintiff for personal injuries arising out of two rear-end collisions. Plaintiff struck the right rear bumper of an automobile in front of her with her left front bumper as she was attempting to change traffic lanes. As she pulled into the other lane her vehicle was struck in the rear by a truck owned by the defendant Sealtest Foods Division of Kraftco Corp. The impact pushed the plaintiff’s vehicle through an intersection causing her to be injured.
During the litigation between the plaintiff and the defendants, she brought an uninsured motorist claim for the accident which she alleged was caused by an automobile that cut in front of her. An arbitration panel awarded plaintiff money damages and she signed a release for the uninsured motorist carrier. The release stated, in pertinent part:
“[T]he undersigned [Hanna S. Lipman] hereby releases and forever discharges State Farm Mutual Automobile Insurance Company, their heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about the 14th day of November, 1974 at or near Indian Creek and 65th Street.” [Emphasis added.]
The defendants pleaded the release was a bar to plaintiff’s cause of action. On motion for summary judgment, the trial court held that the release was a bar to the plaintiff’s action and entered summary final judgment in favor of the defendants. It is plaintiff’s contention in this appeal that the trial court erred in its holding, since there was more than one collision the release was not sufficient to bar her cause of action. We cannot agree. It is our view that the release pleaded covered all claims which the plaintiff might have had against the defendants. Weatherford v. Ryder Truck Rental & Leasing, Inc., 344 So. 2d 937 (Fla. 3d DCA 1977); Dean v. Bennett M. Lifter, Inc., 336 So. 2d 393 (Fla. 3d DCA 1976); Hester v. Gatlin, 332 So. 2d 660 (Fla. 2d DCA 1976).
Affirmed.
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Citator
Authorities Cited
- Hester v. Gatlin, 332 So. 2d 660 (Fla. 2d DCA 1976)
- Dean v. Bennett M. Lifter, Inc., 336 So. 2d 393 (Fla. 3d DCA 1976)
- Blanchard v. Blanchard, 336 So. 2d 393 (Fla. 3d DCA 1976)
- Weatherford v. Ryder Truck Rental & Leasing, Inc., 344 So. 2d 937 (Fla. 3d DCA 1977)