Lama

Lama v. Comcast Cablevision

Good Law
14 Cal. App. 4th 59·17 Cal. Rptr. 2d 224·1993 Cal. App. LEXIS 252·93 Daily Journal DAR 3255·93 Cal. Daily Op. Serv. 1830
Court of Appeal of CaliforniaMarch 11, 1993B064232California1,440 words

Opinion

Opinion

Gilbert, J.

Plaintiff dismissed his personal injury action with prejudice and signed a release of all claims. This release applied to the defendants who were the driver and the owner of the other vehicle, and to any other person or entity responsible for the accident. The trial court held that the dismissal and release barred subsequent litigation against the defendant driver’s employer. The trial court was right. We affirm.

Facts

Plaintiff Barry Lama was in an automobile accident on January 17, 1989. He filed a complaint for personal injury, naming the driver of the other vehicle, Veronica Malanga, and the owner of the vehicle, her husband, William Malanga. He also named Doe defendants, who he alleged employed Malanga, who operated her vehicle in the course and scope of her employment.

Lama settled with the Malangas for $100,000, the full amount of their insurance carrier’s policy limits. He executed a “Release of All Claims” which released the Malangas “and any other person, corporation, association or partnership charged with responsibility for injuries to the person and property of the Undersigned ... as a result of an accident . . . which occurred on or about the 17th day of…

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