Cline

Cline v. Homuth

Good Law
Court of Appeal of CaliforniaMarch 30, 2015C073999California5,772 words

Opinion

Opinion

Filed 2/27/ Certified for publication 3/30/15 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Calaveras) ----

RONALD LEE CLINE, C073999

Plaintiff and Appellant, (Super. Ct. No. CV35615)

v.

BERNIECE DELORES HOMUTH,

Defendant and Respondent.

Plaintiff Ronald Lee Cline was severely injured when his motorcycle collided with a turning car driven by a teenager with a provisional license. He settled with the driver and the driver’s parents for their $100,000 insurance policy limit. Cline executed a release that released the driver and his parents “and any other person, corporation, association, or partnership responsible in any manner or degree” for the accident. Cline subsequently sued defendant Berniece Delores Homuth, the driver’s grandmother and the sole adult in the car with him at the time of the collision, for negligent supervision. Homuth raised the release as an affirmative defense. She moved

1 for summary judgment; the trial court denied the motion. A court trial followed, centering on the validity of the release and whether Homuth was…

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