If I settle auto liability and UM claims, does a general release bar a dram shop action against another defendant? Or should I insist on language reserving the claim against the bar?
Answer: I think you are OK without the specific reservation, although I don’t see how it hurts to use it. See:Moss v. City of Oklahoma City, 1995 OK 52, 897 P.2d 280, 288: “we join those courts that hold for a general release like those present here to discharge from liability potential tortfeasors not parties to the release the language contained in the release must expressly designate by name or otherwise specifically identify such other potential tortfeasors.”
Posted on Mon, July 30, 2012
by Sharon Coleman filed under