Physicians & Surgeons Community Hospital, Inc. v. Williams, 61964

Decision Date18 September 1981
Docket NumberNo. 61964,61964
Citation160 Ga.App. 243,286 S.E.2d 751
CourtGeorgia Court of Appeals
PartiesPHYSICIANS & SURGEONS COMMUNITY HOSPITAL, INC. v. WILLIAMS.

David M. Brown, William W. Gardner, Atlanta, for appellant.

Jerry B. Hatcher, Stephen T. Kennedy, Atlanta, for appellee.

SOGNIER, Judge.

Appellee Sara Frances Williams suffered injuries to her left foot and leg in an automobile accident which occurred on August 2, 1976; Mrs. Williams and her husband sued Erline B. Anthony, the driver of the other vehicle. On October 12, 1977, while that action was pending, appellee was treated at appellant Physicians & Surgeons Community Hospital, Inc. for the injuries to her foot.

On February 17, 1978, appellee and her husband settled and dismissed their suit against Mrs. Anthohy for the consideration of $8,000 and executed a general release of Mrs. Anthony and "all other persons, firms or corporations, who are or might be liable in any way, from all present or future claim(s), demand(s), action(s), or cause(s) of action, of any kind or character, and all liability now accrued or hereafter to accrue, which I/we have or might have against him, it, or them, on account of, or because of, all damages, claims, causes of action, demands and/or losses or injuries to person or property, or both, whether known or unknown, developed or undeveloped, resulting, or to result, or sustained or received by me/us or my/our property on or about the 2nd day of August, 1976..."

On October 10, 1979 appellee filed this suit against appellant claiming that on or about October 12, 1977, as a result of appellant's negligent treatment of the injuries to her left foot, it became infected and she suffered damages thereby.

After answer and discovery, appellant moved for summary judgment based upon the general release executed by appellee. The trial court denied the hospital's motion. Appellant's application for interlocutory appeal was granted by this court.

Appellant contends that the trial court erred in denying its motion for summary judgment and that the case is controlled by Maxey v. Hospital Authority, 245 Ga. 480, 265 S.E.2d 779 (1980) where a release similar to the release here was held to be "clear and unambiguous" as a release "against all the world." We agree.

The terms of the release executed by appellee are general in nature and similar to those contained in the release in Maxey. Parol evidence was held to be inadmissible to vary the...

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3 cases
  • Williams v. Physicians and Surgeons Community Hosp., Inc.
    • United States
    • Georgia Supreme Court
    • June 30, 1982
    ...court denied the motion. The Court of Appeals granted an interlocutory appeal and reversed. Physicians and Surgeons Community Hospital, Inc. v. Williams, 160 Ga.App. 243, 286 S.E.2d 751 (1981). The court emphasized that, under our decision in Maxey v. Hospital Authority, supra, it was bound......
  • AT&T Mobility LLC v. Holaday-Parks-Fabricators, Inc., C10-468Z
    • United States
    • U.S. District Court — Western District of Washington
    • November 22, 2011
    ... ... Smith v. Dabbs-Williams Gen. Contractors, LLC , 287 Ga. App. 646, 647 ... ...
  • Physicians and Surgeons Community Hospital, Inc. v. Williams
    • United States
    • Georgia Court of Appeals
    • September 7, 1982
    ...opinion dated December 1, 1981, this court reversed the judgment of the trial court. Physicians and Surgeons Community Hospital, Inc. v. Williams, 160 Ga.App. 243, 286 S.E.2d 751 (1981). By writ of certiorari, the Supreme Court of Georgia reversed the decision of this court in its decision ......

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