Legal Opinion
Neverkovec v. Fredericks
California Court of Appeal
Decided August 18, 1999No. A081405PublishedCited by 46 opinions
1Opinion of the Court
Opinion
PARRILLI, J.
In this case we examine a problem that has recurred not only in California but across the nation. An injured party settles with an alleged tortfeasor’s insurer, signing a general release agreement that appears to excuse everyone in the world from liability. Then the injured party proceeds against a different alleged tortfeasor, who raises the general release as a defense. We conclude that principles of contract law governing the rights of third party beneficiaries, and related rules of evidence, provide the best approach for resolving such cases.
Larry Neverkovec sued Joseph…
2Cases cited32 opinions
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- Artiglio v. Corning Inc.California Supreme Court · 1998
- City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
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3Cited by46 opinions
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- Solis v. Kirkwood Resort Co.California Court of Appeal · 2001
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