HESS v. FORD MOTOR CO.

No. S092697.

117 Cal.Rptr.2d 220 (2002)

27 Cal.4th 516

41 P.3d 46

John HESS, Plaintiff and Appellant, v. FORD MOTOR COMPANY, Defendant and Appellant.

Supreme Court of California.

February 28, 2002.


Attorney(s) appearing for the Case

Superior Court, Los Angeles County; William A. Drake *, Judge.

Law Offices of Michael J. Piuze, Michael J. Piuze and John Keiser, Los Angeles, for Plaintiff and Appellant.

Snell & Wilmer and Richard A. Derevan, for Defendant and Appellant.

Hugh F. Young, Jr., and Harvey M. Grossman for The Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Appellant.


BROWN, J.

This case presents two unrelated issues. First, the plaintiff enters into a release agreement with one tortfeasor and his insurance company. The agreement, however, contains broad language ostensibly releasing all potential tortfeasors from liability. We now consider whether this language bars the plaintiffs claims against a tortfeasor who was not a party to the release. Based on the uncontroverted evidence at trial, we conclude it does not.

Second...

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