Wednesday, June 27, 2012

Party Can Reserve Right To Sue Co-Tortfeasors In Release

In Vanalstine v. Palms West Hospital, L.P. (4D10-4850), the trial court entered judgment in favor of the defendants because it concluded language in the plaintiff's release of other persons waived the right to recover from the remaining defendants. The Fourth District disagreed and reversed the judgment because the release "'expressly reserved' the right to pursue causes of action against the medical providers for the damages resulting from their negligence when they settled with the pharmacy and pharmacist.


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