Thornock v. Jensen

950 P.2d 441, 332 Utah Adv. Rep. 19, 1997 Utah App. LEXIS 135, 1997 WL 775595
CourtCourt of Appeals of Utah
DecidedDecember 18, 1997
DocketNo. 960681-CA
StatusPublished
Cited by1 cases

This text of 950 P.2d 441 (Thornock v. Jensen) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornock v. Jensen, 950 P.2d 441, 332 Utah Adv. Rep. 19, 1997 Utah App. LEXIS 135, 1997 WL 775595 (Utah Ct. App. 1997).

Opinion

OPINION

ORME, Judge:

Plaintiff Bonnie Thornock appeals the trial court’s grant of summary judgment in favor of defendant Dorothy Jensen. Plaintiff contends that the release upon which defendant relies is ineffective as to defendant because it lists defendant’s husband, instead of defendant, as the person released. We agree and reverse the summary judgment.

FACTS

On November 15,1993, plaintiff and defendant were involved in an automobile accident in West Jordan. At the time of the accident, defendant was driving a car insured under a policy issued in the name of her husband, Lowell Jensen. About two weeks after the accident, a claims adjuster for the insurance company met with plaintiff to discuss her claims. During their meeting, plaintiff executed a form release, which is the subject of this appeal, in exchange for $469. The release included only the name of defendant’s husband in the blank space where the names of the party or parties to be released are inserted.

In February 1996, plaintiff filed this action against defendant seeking recovery for personal injuries sustained in the accident. After answering the complaint, defendant moved for summary judgment, relying on the release signed by plaintiff. Defendant argued that she came within the ambit of the broad boilerplate language of the release, which purports to release, inter alia, all “successors, heirs, [and] executors” of Lowell Jensen and “all individuals ... [who] could be liable for the above-referenced accident.” While she primarily relied on the plain language of the release, defendant also submitted two affidavits from the insurance adjuster in support of her motion. In the first affidavit, the adjuster outlined the circumstances surrounding the signing of the release, but omitted any discussion of why the release names only Lowell Jensen. In the second affidavit, the adjuster stated that he and plaintiff negotiated and intended to release all claims plaintiff had against defendant. He stated that Lowell Jensen’s name appeared on the release merely because he “is the policy holder.” While he did not say so in either affidavit, the adjuster apparently relied on the boilerplate language to extend the protection of the release to defendant.

Plaintiff offered her own affidavit in response to the adjustor’s second affidavit. She averred that the $469 she received was merely intended to cover her broken glasses and lost wages to the date of the release, while her other claims, especially for her substantial medical bills, were to await further resolution. She stated that she “never intended to release anyone, especially the negligent driver, defendant Dorothy Jensen.” She also stated that she “took Mr. Lancaster at his word,” and that the settlement was only a partial one, resolving only her claims concerning her glasses and lost wages to date.

The trial court granted defendant’s summary judgment motion and dismissed plaintiffs action. The court ruled that the release is not ambiguous and that the parties intend-, ed the release to apply to plaintiff’s claims against defendant. The trial court specifically noted that Lowell Jensen was not involved in the automobile accident with plaintiff and that “there is no grounds for any liability between plaintiff and Lowell Jensen.” This appeal followed.

ISSUE

Basically, we must decide whether a release arising from an automobile accident that identifies by name only the insured, who was not involved in the accident, applies to the driver of the automobile if the driver’s name does not appear in the release. If it does apply, either as a matter of law or on the undisputed facts of this case, we must affirm. If it does not, we must reverse.

STANDARD OF REVIEW

“Summary judgment is only proper when no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law.” Anderson v. Dean Witter [443]*443Reynolds, Inc., 920 P.2d 575, 577-78 (Utah.Ct.App.), cert. denied, 929 P.2d 350 (Utah 1996). See Utah R. Civ. P. 56(c). “Because a challenge to summary judgment requires only review of questions of law, we accord no particular deference to the trial court’s conclusions but review them for correctness.” Anderson, 920 P.2d at 578.

ANALYSIS

The controlling issue is whether Utah Code Ann. § 78-27-42 (1996) applies to the facts of this case. When faced with a question of statutory construction, we will first interpret the statute according to its plain language, “ ‘ “unless such a reading is unreasonably confused, inoperable, or in blatant contravention of the express purpose of the statute.” ’ ” State Farm Mut. Auto. Ins. Co. v. Clyde, 920 P.2d 1183, 1186 (Utah 1996) (citations omitted). See also Allred v. Utah State Retirement Bd., 914 P.2d 1172, 1175 (Utah.Ct.App.1996). Accordingly, “[w]e interpret our statutes consistent with sound public policy.” Coulon v. Coulon, 915 P.2d 1069, 1071 (Utah.Ct.App.1996) (citing Rowley v. Public Serv. Comm’n, 112 Utah 116, 121, 185 P.2d 514, 519 (1947)).

Section 78-27-42 provides: “A release given by a person seeking recovery to one or more defendants does not discharge any other defendant unless the release so provides.” While it would otherwise be possible to conclude that the boilerplate language of the release here “so provides” because defendant is a probable “heir[]” of Lowell Jensen or because she is an “individú-ale ] [who] could be hable for the ... accident,” the Utah Supreme Court, in Child v. Newsom, 892 P.2d 9 (Utah 1995), narrowly construed section 78-27-42 to require that a release “contain language either naming the defendant or identifying the defendant with some degree of specificity in order to discharge that defendant from liability.” Id. at 12. The Child court explained that to allow “boilerplate language in a release discharging one tort-feasor to discharge all other tort-feasors” would contravene the statutory purpose of section 78-27-42 of reversing the common-law rule that discharge of one tort-feasor discharges all tortfeasors. Id. at 11-12. Thus, plaintiff contends the trial court erred by granting summary judgment to defendant on the basis of the release because defendant is not named or specifically identified therein as required by section 78-27-42, as construed by the Utah Supreme Court in Child.

Although defendant admits in her brief that she would not be released under section 78-27 — 42 if “Lowell Jensen [were] the only defendant from whom [plaintiff] was seeking recovery when [the insurance adjuster] ... obtained the Release,” defendant argues that neither section 78-27 — 42 nor Child applies because Lowell Jensen is not a “defendant” as that term is used in the statute. In other words, the release is not one that was given to a “defendant,” and the statute therefore does not apply.

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950 P.2d 441, 332 Utah Adv. Rep. 19, 1997 Utah App. LEXIS 135, 1997 WL 775595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornock-v-jensen-utahctapp-1997.