Pierce v. Smith

Court of Appeals of Georgia

Pierce v. Smith

200 S.E.2d 371, 129 Ga. App. 593, 1973 Ga. App. LEXIS 1067

CourtCourt of Appeals of Georgia

DecidedSeptember 6, 1973

Docket48269

StatusPublished

Cited by2 cases

This text of 200 S.E.2d 371 (Pierce v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierce v. Smith, 200 S.E.2d 371, 129 Ga. App. 593, 1973 Ga. App. LEXIS 1067 (Ga. Ct. App. 1973).

Pincite

Opinion

Bell, Chief Judge.

A release of one joint tortfeasor in full settlement of damages acts as a release of all other joint tortfeasors. Donaldson v. Carmichael, 102 Ga. 40 (29 SE 135); Knight v. Lowery, 228 Ga. 452, 455 (185 SE2d 915). This rule applies to this case. The record shows without dispute that plaintiff prior to this suit released other joint tortfeasors "and all other persons, firms and corporations, of and from any and all claims, demands, right, and causes of action... resulting, and to result, from a certain accident. . .” which occurred on December 25, 1969. Plaintiff has admitted that the accident referred to in the release is the same identical accident which forms the basis for this suit. The trial judge’s grant of summary judgment to defendants was proper.

Judgment affirmed.

Deen and Quillian, JJ, concur..

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Bell, Chief Judge.

A release of one joint tortfeasor in full settlement of damages acts as a release of all other joint tortfeasors. Donaldson v. Carmichael, 102 Ga. 40 (29 SE 135); Knight v. Lowery, 228 Ga. 452, 455 (185 SE2d 915). This rule applies to this case. The record shows without dispute that plaintiff prior to this suit released other joint tortfeasors "and all other persons, firms and corporations, of and from any and all claims, demands, right, and causes of action... resulting, and to result, from a certain accident. . .” which occurred on December 25, 1969. Plaintiff has admitted that the accident referred to in the release is the same identical accident which forms the basis for this suit. The trial judge’s grant of summary judgment to defendants was proper.

Judgment affirmed.

Deen and Quillian, JJ, concur..

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Bluebook (online)

200 S.E.2d 371, 129 Ga. App. 593, 1973 Ga. App. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-smith-gactapp-1973.

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