BELLEFONTE INSURANCE COMPANY, A FOREIGN CORPORATION, AND MARTIN COUNTY BOARD OF PUBLIC INSTRUCTION, APPELLANTS,
v.
ALBERT JAMES QUEEN, SR., AND JOYCE STILL, AS PARENTS AND NATURAL GUARDIANS OF ALBERT JAMES QUEEN, JR., DECEASED, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Parents of a child killed by a school bus sought to sue the school board for negligent supervision at a crosswalk, claiming their earlier 'Special Release' only covered negligence in bus operation, not supervision. The trial court agreed, but the appellate court reversed, holding that the release's unambiguous language covered all claims arising from the accident regardless of the type of negligence involved.
The court held that the release unambiguously covered all negligence claims arising from the accident, regardless of the type of negligence or the parents' subjective intent. The School Board is released from liability for all claims growing out of the accident, including those based on alleged negligent supervision of the crosswalk.
[1] A release of claims arising out of an accident is effective as to all damages and consequences thereof, regardless of whether the negligence causing the accident was fore…
[2] When the language of a release is clear and unambiguous, courts cannot engage in construction or interpretation of its plain meaning.
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“we believe it unequivocally releases the School Board from all claims growing out of the accident resulting in the child's injuries and death. As we see it, it matters not how many other concomitant acts of negligence the School Board engaged in which contributed to the accident. The release clearly is in favor of the School Board as to any injuries and death arising out of that accident regardless of causation.”
The court's central holding that the release covers all negligence claims arising from the accident, regardless of type or the parents' subjective intent.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA child died after being struck by a school bus on a crosswalk outside her school on January 9, 1980. Prior to filing suit, the child's parents execut…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Interpretation Of Contract Language cases and more on FLexlaw
LETTS, Chief Judge.
This controversy centers around the tragic death of a child on a crosswalk outside her school, caused by a moving school bus. Prior to the instant suit, the child’s parents executed a “Special Rélease” under the terms of which they claim they only intended to release the School Board from any negligence involved in the actual operation of the bus. Never intended to be released, so they say, was the negligence of the School Board in failing to supervise and safeguard their child while crossing the street. Ruling as a matter of law, the trial judge agreed with the parents and permitted the law suit here appealed. We disagree and reverse.
The special release in question included, in pertinent part, the following language:
That we ... do hereby release acquit and discharge the School Board of Martin County, Florida, and successors and subsidiaries, of and from all claims and demands, actions and causes of action, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of the injuries to and subsequent death of Albert James Queen, Jr., and any and all known and unknown, foreseen and unforeseen damages, and the consequences thereof, resulting from an accident occurring on or about January 9, 1980, on or near Church Street, Stuart, Martin County, Florida, caused by an accident and resulting from the ownership, maintenance and/or use of a certain International bus driven and/or operated by Jolene Smith and owned by the School Board of Martin County, Florida (including but not limited to alleged negligent operation of said vehicle, alleged negligent use and/or maintenance of said vehicle, and/or negligent entrustment of said vehicle and/or negligent hiring, training and/or supervision of the driver of said vehicle).
We do not propose to analyze the above quoted language in agonizing detail. Suffice it to say, we believe it unequivocally releases the School Board from all claims growing out of the accident resulting in the child’s injuries and death. As we see it, it matters not how many other concomitant acts of negligence the School Board engaged in which contributed to the accident. The release clearly is in favor of the School Board as to any injuries and death arising out of that accident regardless of causation.
The parents argue that they never intended to release the School Board for any negligence occasioned by inept supervision of the crosswalk where the accident occurred.1 However, even if this be true, the language of the release is not ambiguous and does not permit such an interpretation. “When [the] language is clear and unambig uous, the courts cannot indulge in construction or interpretation of its plain meaning” Hurt v. Leatherby Insurance Co., 380 So. 2d 432, 433 (Fla.1980), see also Boat Town U.S.A. v. Mercury Marine Division of Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978).
REVERSED AND REMANDED WITH INSTRUCTIONS TO ENTER FINAL JUDGMENT IN ACCORDANCE HEREWITH.
DOWNEY and WALDEN, JJ., concur. . We are not asked to consider the question of the School Board’s liability on or near crosswalks. But see Harrison v. Escambia County School Board, 419 So. 2d 640 (Fla. 1st DCA 1982).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hardage Enters., Inc. v. Fidesys Corp., N.V., 570 So. 2d 436 (Fla. 5th DCA 1990)…rd “negligence,” the language used clearly reflects the intent of the parties to release Hardage from any and all liabilities, including those arising out of its own negligence. Instructive in this regard is the case of Bellefonte Ins. Co. v. Queen, 431 So. 2d 1039 (Fla. 4th DCA 1983). That controversy arose out of the death of a child caused by a moving school bus. After the accident, the child’s parents signed an agreement releasing the school board from “all claims and demands, actions and causes of action,…
-
V & M Erectors, Inc. v. The Middlesex Corp., 867 So. 2d 1252 (Fla. 4th DCA 2004)
-
Jacquelynne Dale Fountain Levine v. A. Madley Corp. & Carlyle & Co. Jewelers, 516 So. 2d 1101 (Fla. 1st DCA 1987)…ellant that she was releasing appellees from their own negligence in administering the polygraph examination. Although appel-lees argue that the release language is similar to that held sufficiently explicit in Bellefonte Insurance Company v. Queen, 431 So. 2d 1039 (Fla. 4th DCA 1983), we disagree as the release therein is obviously more explicit and detailed. Consequently, in light of the foregoing, we hold that the trial court erred in granting summary judgment on the basis of the “Consent And Release,” and…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980)
- Boat Town U. S. A., Inc. v. Mercury Marine Div. OF Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978)
- Hunter v. State, 364 So. 2d 15 (Fla. 1st DCA 1978)
- Harrison v. Escambia Cnty. Sch. Bd., 419 So. 2d 640 (Fla. 1st DCA 1982)