Morgan v. Cohen

ADKINS, Judge.

These two consolidated appeals present a common question: Whether a general release, executed in settlement of a damage claim against the operator of a motor vehicle whose negligence caused injury, also releases a physician who subsequently treats the injury. For the reasons set forth below, we hold that a general release of the original tortfeasor does not discharge the physician as a matter of law. The release of the physician depends on the intent of the parties, and where, as here, the releases are *307ambiguous in this respect, summary judgment for the physician is precluded.

I

Fi…