Legal Opinion

Pelo v. Franklin College of Indiana

Indiana Supreme Court

Decided August 13, 1999No. 43S03-9903-CV-167PublishedCited by 13 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with ability of a plaintiff who releases one tortfeasor to pursue others who are potentially liable for the same injury. We hold today, as we did in Huffman v. Monroe County Community Sch. Corp., 588 N.E.2d 1264 (Ind.1992), that a release agreement is to be construed as a contract. Accordingly, if the parties to the agreement intended to release only one of multiple potentially liable parties, the release does not operate to release all who are potentially liable.

Mark Pelo was injured in a collision with a car driven by Tonya Lee,…

2Cases cited4 opinions

  1. Bedwell v. DeboltIndiana Supreme Court · 1943
  2. Huffman v. Monroe County Community School Corp.Indiana Supreme Court · 1992
  3. Consolidated Rail Corp. v. Travelers Insurance CompaniesIndiana Supreme Court · 1984
  4. United Farm Bureau Mutual Insurance Co. v. Blossom ChevroletIndiana Court of Appeals · 1996

3Cited by13 opinions

  1. Woodrum v. JohnsonWest Virginia Supreme Court · 2001
  2. Betty Deckard v. General Motors Corp.Court of Appeals for the Seventh Circuit · 2002
  3. Convit v. WilsonDistrict of Columbia Court of Appeals · 2009
  4. Estate of Spry v. Greg & Ken, Inc.Indiana Court of Appeals · 2001
  5. Professional Services Group, Inc. v. Town of RocklandDistrict Court, D. Massachusetts · 2007

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