BRUCE C. WEATHERFORD AND JUDITH WEATHERFORD, APPELLANTS,
v.
RYDER TRUCK RENTAL AND LEASING, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
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Appellants sought damages for injuries sustained by Bruce Weatherford, a police officer struck by a vehicle while directing traffic around an illegally parked tractor trailer. The trial court granted summary judgment for the defendants based on a general release signed by the appellants shortly after the accident, and the appellate court affirmed, holding that a general release executed in favor of one defendant is effective against unnamed defendants.
A general release executed in favor of one defendant and its insurer is effective against other defendants, notwithstanding the failure of the release to specifically name those other defendants or the failure of those defendants to provide consideration for the release.
[1] A general release, similar in form to the one in question, is effective against defendants not specifically named therein, even if those defendants paid no consideration…
[2] A general release discharging "all other persons, firms or corporations liable or who might be claimed to be liable" is effective to bar claims against parties not specif…
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Join FLexlaw to unlock all legal intelligence“and all other persons, firms or corporations liable or who might be claimed to be liable . 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 result from any claim which occurred on or about the 15th day of February, 1974, at or near West 20th Avenue and 54th Street, Hialeah, Florida.”
The broad language of the general release that was held effective against all defendants, including those not specifically named.
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Join FLexlaw to unlock all legal intelligenceBruce Weatherford, a Hialeah police officer, was struck by a vehicle while directing traffic around a tractor trailer that was allegedly illegally par…
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HENDRY, Chief Judge.
This is an appeal from a summary judgment entered against appellants, plaintiffs below.
Appellants filed suit seeking damages for injuries sustained by appellant-Bruce Weatherford, while serving as a police officer for the City of Hialeah. The injuries occurred when appellant was struck by a vehicle while directing traffic around a tractor trailer which allegedly was illegally parked. The tractor trailer was owned by Ryder Truck Rental and Leasing, Inc., leased by Quality Wood Company and driven by Angelberto DeCoro, all appellees.
The trial judge granted summary final judgment in favor of appellees based upon a general release, executed by appellants soon after the accident for the sum of $10,-000.00, discharging Alice Hart, the driver of the vehicle, State Farm Mutual Automobile Insurance Company, her insurer, “and all other persons, firms or corporations liable or who might be claimed to be liable . 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 result from any claim which occurred on or about the 15th day of February, 1974, at or near West 20th Avenue and 54th Street, Hialeah, Florida.”
The trial judge was of the opinion that the case of Morison v. General Motors Corporation, 428 F. 2d 952 (5th Cir. 1970), cert. denied, 400 U.S. 904, 91 S.Ct. 142, 27 L.Ed.2d 141 (1970), controlled and granted summary final judgment. We agree.
In Morison, a general release, similar in form to the one sub judice, was executed by the plaintiff in favor of one defendant and her insurer. The court held that said general release was effective as against the other defendants, notwithstanding the failure of the release to specifically name the other defendants or the failure of the other defendants to pay any consideration for the release.
Based upon the above authority and after reviewing the record, briefs and arguments of counsel we are of the view that entrance of summary final judgment was correct and therefore, said judgment is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1978)…conclusion contrary to the cases which hold that a general release such as the one actually executed by the Alexanders does have the legal effect of releasing a joint tort-feasor who is not a party to it. Weatherford v. Ryder Truck Rental & Leasing, 344 So. 2d 937 (Fla. 3rd DCA 1977); Dean v. Bennett M. Lifter, Inc., 336 So. 2d 393 (Fla. 3rd DCA 1976); Hurt v. Leatherby Ins. Co., 354 So. 2d 918 (Fla. 4th DCA 1978); Quarterman v. City of Jacksonville, 347 So. 2d 1036 (Fla. 1st DCA 1977); Hester v. Gatlin, 332…1 / 2
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AYR v. Chance, 372 So. 2d 1000 (Fla. 4th DCA 1979)…clear and unambiguous terms of a release, similar to the one sub judice, may not be avoided upon a claim of unilateral mistake. Quarterman v. City of Jacksonville, 347 So. 2d 1036 (Fla. 1st DCA 1977) ; Weatherford v. Ryder Truck Rental and Leasing, 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). However, here appellants claim the form of the release was the product of a mutual mistake. It is universal…
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Regla Perez and Hilario Perez v. Metro. Transit Auth. & John Casey, 364 So. 2d 505 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed on the authority of Hurt v. Leatherby Insurance Company, 354 So. 2d 918 (Fla.4th DCA 1978); Quarterman v. City of Jacksonville, 347 So. 2d 1036 (Fla.1st DCA 1977); Weatherford v. Ryder Truck Rental and 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); Morison v. General Motors Corporation, 428 F. 2d 952 (5th Cir. 1970).…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Universal Cigar Corp. v. Nat'l Labor Relations Bd., 400 U.S. 904 (U.S. 1970)
- Morison v. Gen. Motors Corp., 428 F.2d 952 (5th Cir. 1970)