UNIVERSITY OF MIAMI v. FRANCOIS

No. 3D10-3201.

76 So.3d 360 (2011)

UNIVERSITY OF MIAMI, Appellant, v. Nelson FRANCOIS, etc., Appellee.

District Court of Appeal of Florida, Third District.

December 21, 2011.


Attorney(s) appearing for the Case

Fowler White Burnett , and Marc J. Schleier , and Helenmarie M. Blake , for appellant.

Justine S. Anagnos , and Loreen I. Kreizinger , Fort Lauderdale, for appellee.

Before ROTHENBERG, LAGOA, and EMAS, JJ.


EMAS, J.

The issue presented is whether the release and settlement agreement, entered into between Plaintiff and an initial tortfeasor, clearly reserved Plaintiff's cause of action against a subsequent tortfeasor. We reverse, holding that the release and settlement agreement in this case failed to do so, thereby barring Plaintiff from pursuing a claim against the subsequent tortfeasor.

FACTS

On July 24, 2006, twenty-six-year-old Caroline Francois...

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