Mesa v. Poole, s. 47547

• Decision Date: 25 October 1972
• Docket Number: Nos. 47547,No. 3,47548,s. 47547,3
• Citation: 193 S.E.2d 925,127 Ga.App. 426
• Parties: Ricardo E. MESA v. Ruby E. POOLE. Zenaida MESA v. Ruby E. POOLE
• Court: Georgia Court of Appeals

Page 925

193 S.E.2d 925

127 Ga.App. 426

Ricardo E. MESA v. Ruby E. POOLE.

Zenaida MESA v. Ruby E. POOLE.

Nos. 47547, 47548.

Court of Appeals of Georgia, Division No. 3.

Oct. 25, 1972.

Dickens, Hall & Greene, Robert M. Greene, Milledgeville, for appellants.

Martin, Snow, Grant & Napier, Cubbedge Snow, Jr., Macon, for appellee.

Syllabus Opinion by the Court

DEEN, Judge.

Mrs. Poole, the defendant-appellee, was involved in an automobile collision with the Mesas, who thereafter filed actions for damages. The defendant's motion for summary judgment based on a release accepted in settlement from the defendant's insurer was sustained, and the appeal is from this judgment.

From the affidavits and interrogatories it appears that the Mesas are Cuban refugees with a limited knowledge of English; that the husband is a physician employed by Central State Hospital, Baldwin County; that their daughter speaks, reads, and writes English without difficulty; that the damage to the Mesa vehicle was $552.39, and that Dr. Mesa's salary averaged out to about $40 per day.

They accepted a check for $552.39 and both plaintiffs signed an open end release, the provisions of which were as follows: 'Agreement and release for and in consideration of the payment of the sum of Five Hundred Fifty Two and 39/100 Dollars, the receipt of which is hereby acknowledged, and of the promise of payment to the undersigned of benefits in accordance with the schedule of benefits set forth below, by the Company accepting this Agreement. Schedule of benefits. (1) To pay all reasonable and necessary expenses not to exceed $2,000 incurred for medical, dental or surgical treatment, ambulance, hospital, professional nursing services and prosthetic devices, furnished to the named beneficiary within 180 days of the date of this agreement, as a result of the accident described herein, provided that such expenses are not paid or payable by any collateral source; and (2) To pay $40 for each day within 180 days of the date of this agreement that said beneficiary is continuously and necessarily disabled and confined indoors under the care of a licensed physician other than himself, due to the bodily injury incurred because of the accident described herein (payable monthly); provided that the total of said per diem payments shall not exceed $2,000; and, provided the total amount payable hereunder for this release, plus said expense payments, plus said per diem payments, shall not exceed the limit of liability for bodily injury to one person provided by the policy of insurance applicable to the release named herein, the undersigned hereby releases and forever discharges Joseph P. Poole, Jr. and Elaine Poole the insurance company accepting this agreement, and any 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, both to person and property, and particularly on account of all injuries, known and unknown, sustained by Dr. Ricardo E. Mesa (named beneficiary) which have resulted or may in the future develop as a result of an accident which occurred on or about the 19th day of July, 1969, at or near Milledgeville, Ga. It is also agreed and understood that this settlement is the compromise of a doubtful and disputed claim, that the payment is not to be construed as an admission of liability on the...