HomeMy WebLinkAbout1914 IN THE CIRCUIT COURT OF THB
NINETEENTH JUDICIAL CIRCUIT, IN AND
. FOR ST. LUCIE COUNTY, FI,URIDA.
CIVIL ACTION.
NO. 74-159CA - Alderman
LAWRENCB SUMMERS and
LOIS SUMMERS, his wife,
Plaintiffs,
vs. . ~
JOHN B. SULLIVAN, "THE FIRST
JOHN DOE INSURANCE COMPANY",
FORT PIERCE MBMORIAL HOSPITAL,INC.,
a non-profit Florida corporation,
and "THE SECOND JOHN DOE INSURANCE
COMPANY",
Defendants. . E
SUMMARY FINAL JUDGMENT FOR
DEFENDANT JOHN B. SULLIVAN
This cause came on to be heard upon motion by the Defendant r
John B. Sullivan for summary judgment. This Court was advised ~
of a release dated September 10, 1973 which was asserted as an ,
~
affirmative defense in the Answer by John B. Sullivan, Defendant, '
and the verbiage therein was admitted as true and correct by the
Plaintiffs' response to'request for admission by the Defendant i
John B. Sullivan, the response being dated August 2, 1975. The
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I, language in the release wherein Lawre:~ce Summers and Lois Summers,
~
I e
~ his wife, released ~oint tort feasors as a result of an automobile
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~ collision which initiated.the treatment by Dr. John B. Sullivan
is as follows:
"As a further consideration and inducement for
this compromise settlement, the undersigned
agree to ~ndemnify, protect and save harmless
all parties named in this release and all other
persons, firms, and corporations whomsoever,
from all ~udgments, costs and expenses what-
soever arisin on account of an action claim ~
;
~ or deman which an one individual, irm or
~ corporation may herea ter bring or assert
~ on account of an,
~i~n~,u~r,y, loss or dama e
resulting rom the sub7ect matter o t e
contentions, claim or action above mentioned."
It is the Court's view that the release signed by the
~
~ Plaintiffs released all parties to this action as a matter of law.
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