Fulmore v. Coleman, 248956
Decision Date | 28 December 1989 |
Docket Number | No. 248956,248956 |
Citation | 41 Conn.Supp. 353,574 A.2d 1337 |
Court | Connecticut Superior Court |
Parties | Bessie FULMORE v. Jerome COLEMAN. File |
Donald G. Walsh, New Haven, for plaintiff.
J. Mulshine, for defendant.
The plaintiff, Bessie Fulmore, brings this action for damages for injuries she received on May 13, 1985, while a passenger in a Connecticut Transit Company bus. The defendant, Jerome Coleman, moves for summary judgment. The plaintiff's complaint alleges that the defendant's negligent operation of his automobile caused the bus driver "to slam on his brakes in an attempt to avoid a collision with the defendant's vehicle."
The defendant bases his motion for summary judgment on a release of liability pertaining to this accident for the sum of $10,000 which the plaintiff furnished to the Connecticut Transit Company. The release is entitled "release of all claims" and provides in part: (Emphasis added.)
The plaintiff has filed an affidavit in opposition to the motion for summary judgment which alleges that she did not release the defendant, that she did not intend to release him, and that she received no consideration from him for any such release. The defendant argues that since the document specifically releases "any other person ... charged with responsibility for injuries," it also operates to release him of any liability under the provisions of General Statutes § 52-572e. This statute provides: The issue then is whether the boilerplate language of "any other person" releases the unspecified tortfeasor.
Section 52-572e generally tracks, in part, § 4 of the Uniform Contribution Among Tortfeasors Act (UCATA) which abrogates the harsh common law rule that a release of one joint tortfeasor releases all other joint tortfeasors. Section 4 provides in part: "When a release ... is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide...."
The Colorado Supreme Court, in a survey of various jurisdictions, has pointed out the three different views as to whether a joint tortfeasor is released as a result of such general language under statutory provisions similar to § 4 of the UCATA. Neves v. Potter, 769 P.2d 1047 (Colo.1989). Some jurisdictions have adopted the "absolute bar" rule which releases the unnamed tortfeasor. Id., at 1050; Hasselrode v. Gnagey, 404 Pa. 549, 172 A.2d 764 (1961). Another group of cases holds under the "express designation" rule that the release is not effective unless the tortfeasor is either specifically named or identified on the face of the release....
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