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KRUKIEWICZ v. DRAPER

No. 19504.

725 P.2d 1349 (1986)

Stuart KRUKIEWICZ, Tess Ann Krukiewicz, Lynea Krukiewicz, Teresa Krukiewicz, Kynda Krukiewicz, and Krukiewicz Construction Company, a Utah corporation, Plaintiffs and Appellants, v. Charles DRAPER, Individually, dba Minuteman Service; Mrs. Charles Draper; Minuteman Service; Steven W. Holm; and Mrs. Steven W. Holm; Does I through V inclusive, Defendants and Respondents.

Supreme Court of Utah.

September 15, 1986.

Attorney(s) appearing for the Case

Charles F. Abbott, Provo, for plaintiffs and appellants.

Clark W. Sessions, Patricia A. DeMichele, Salt Lake City, for defendants and respondents.

STEWART, Justice:

In September, 1981, the plaintiffs were injured in an automobile collision with an automobile driven by defendant Steven Holm. Steven Holm was an employee of defendant Draper. Pursuant to a settlement executed in November, 1982, Holm paid the plaintiffs $40,000, and the plaintiffs released Holm from further liability, but expressly reserved all rights against Charles Draper, Holm's employer. Subsequently, the plaintiffs sued Draper, and on a motion...

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