Ralkey v. Minnesota Mining & Manufacturing Co.

ROSALYN B. BELL, Judge.

A patient executed a general release to settle a Health Claims Arbitration case against her physician. We are asked whether this release precludes a subsequent product liability claim against an alleged corporate joint tort-feasor which was not and could not have been included in that proceeding. 1

In March 1980, Mary Ann Ralkey (appellant) fractured her toe, and Roland Cavanaugh, M.D., (appellee) applied a cast to the lower part of her leg. The doctor used Scotch-guard casting tape, a product manufactured and sold by Minnesota Mining and Manufacturing Company (3M,…