Lawson v. Ulschmid, 5989
Decision Date | 31 January 1979 |
Docket Number | No. 5989,5989 |
Citation | 578 S.W.2d 434 |
Parties | James C. LAWSON, Appellant, v. Robert L. ULSCHMID, Appellee. |
Court | Texas Court of Appeals |
This is an appeal by plaintiff Lawson from summary judgment that he take nothing.
Plaintiff Lawson sued defendant Ulschmid alleging personal injuries resulting from defendant's negligence in an automobile collision occurring on June 16, 1976.
Defendant answered that plaintiff's cause was barred by a compromise settlement of a disputed claim and release entered into by plaintiff with defendant's insurance carrier's representative on June 18, 1976.
Thereafter defendant moved for summary judgment alleging defendant accepted a draft for $375. from its insurance carrier on June 18, 1976; that such draft provided "By endorsing this draft the payee accepts the proceeds of same in full payment of all claims arising from the loss or accident mentioned on the face hereof"; that plaintiff endorsed the draft and received a portion of the proceeds of same; and by such action settled and released all claims against defendant.
Attached to such motion was the affidavit of Matt Walker, Claims Representative of State Farm Mutual Automobile Insurance Company, which states that affiant's company had liability insurance on defendant's vehicle; that affiant 200 1 $375 ".
ont
Defendant filed opposition to plaintiff's motion for summary judgment alleging existence of genuine issues of material fact; and that the release was procured through misrepresentation and fraud on the part of the insurance company. Attached was defendant's affidavit stating: .
Plaintiff's deposition reflects that the collision on June 16, 1976 "throwed my neck back and I just you know had a pop"; that he first started feeling anything other than being shook up . He further stated he received bruises to his back and neck in the collision; that he had a little bit of pain and bruises right after the accident, but he thought it was just something minor; that he was sore the night of the accident and the next day and was still sore and hurting on June 18th.
He further testified in his...
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Williams v. Glash
...court must overrule Houston & T.C.R. Co. v. McCarty, 94 Tex. 298, 60 S.W. 429 (1901) and must disapprove Lawson v. Ulschmid, 578 S.W.2d 434 (Tex.Civ.App.--Waco 1979, writ ref'd n.r.e.); Champlin Petroleum Co. v. Pruitt, 539 S.W.2d 356 (Tex.Civ.App.--Fort Worth 1976, writ ref'd n.r.e.); Berr......
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McClellan v. Boehmer
...S.W.2d 81 (Tex.Civ.App.--Corpus Christi 1978, writ ref'd n.r.e.). A similar situation was presented in Lawson v. Ulschmid, 578 S.W.2d 434 (Tex.Civ.App.--Waco 1979, writ ref'd n.r.e.), where appellant was in a collision, accepted and endorsed a draft containing a release of all claims and la......
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Williams v. Glash, 01-88-01047-CV
...a property claim. The company uses a different code for personal injury claims. Appellants, relying on Lawson v. Ulschmid, 578 S.W.2d 434 (Tex.Civ.App.--Waco 1979, writ ref'd n.r.e.), argue that this code number evidences State Farm's intent to negotiate a property claim only. In Lawson, th......