Barilla v. Clapshaw

Peterson, Justice.

Plaintiff sustained personal injuries in an automobile collision on July 6,1972, allegedly caused by the negligence of defendant. His lawyer negotiated a settlement with defendant on April 24, 1973, in the amount of $3,250. 1 As part of the settlement, plaintiff executed a release “fully and forever releas [ing] and discharg[ing]” defendant “from all claims for all damages” sustained by plaintiff in that accident. 2 The release contained' this additional language:

“I expressly intend and agree that this release applies to all of my claims arising from said accident,…