Hargreaves v. American Flyers Airline Corp.

Farris, A.C.J.

A single question is presented by this appeal: When is a covenant not to sue on an alleged tort claim to be interpreted as such in Washington?

Mr. Hargreaves was injured when he was struck by a moving propeller of a Lockheed Electra aircraft as he approached it for boarding. The question of the alleged negligence of the parties is not before the court. Lengthy settlement negotiations produced an offer of settlement from American Flyers Airline Corporation, one of the defendants. Bob’s Baggage Service, Inc., a second defendant, made no offer but indicated that a nuisance value…