Legal Opinion

Memorial Medical Center v. Keszler

Texas Supreme Court

Decided April 18, 1997No. 96-1262PublishedCited by 83 opinions

1Per curiam

In Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 (Tex.1984), we held that releases are only effective against named parties to the release or parties that are described in the release with such descriptive particularity that their identity is not in doubt. In this case, we decide whether a release which fails to specifically denominate a cause of action is ineffective to release that claim. The court of appeals said yes. We disagree. Also, the court of appeals concluded that a party may not release a claim of gross negligence. On this issue we also disagree. We reverse the judgment of the…

2Cases cited5 opinions

  1. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  2. Victoria Bank & Trust Co. v. BradyTexas Supreme Court · 1991
  3. Jones v. KelleyTexas Supreme Court · 1981
  4. Westwind Exploration, Inc. v. Homestate Savings Ass'nTexas Supreme Court · 1985
  5. Smith v. Golden Triangle Raceway, Texas Court of Appeals, 9th District (Beaumont)1986

3Cited by83 opinions

  1. Keck, Mahin & Cate v. National Union Fire Insurance Co. of PittsburghTexas Supreme Court · 2000
  2. Baty v. ProTech Insurance Agency, Texas Court of Appeals, 14th District (Houston)2002
  3. Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
  4. Ameristar Jet Charter, Inc. v. Dodson International Parts, Inc.Supreme Court of Missouri · 2005
  5. Smallwood v. NCsoft Corp.District Court, D. Hawaii · 2010

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