Summary
The Illinois Appellate Court considers whether a settlement release given to a premises-liability tortfeasor also released medical-malpractice claims against a physician and hospital. Applying the Illinois Contribution Among Joint Tortfeasors Act and Alsup v. Firestone Tire & Rubber Co., the court holds that the defendants were not sufficiently specifically identified in the release. The court reverses the grant of summary judgment and remands for further proceedings.
Topics
Practice areas
Questions Presented
- Whether a release given to one tortfeasor under section 2(c) of the Illinois Contribution Among Joint Tortfeasors Act releases other tortfeasors when they are not designated by name or otherwise specifically identified.
- Whether Rakowski v. Lucente required enforcement of the release against the medical defendants.
Holdings
- Under section 2(c) of the Illinois Contribution Among Joint Tortfeasors Act, a release given to one tortfeasor does not discharge other tortfeasors unless the release specifically identifies them by name or otherwise. The general reference to 'any and all other tortfeasors who are or may be liable' did not specifically identify Dr. Shermer or Northwest Hospital, so the release did not discharge their alleged liability.
- Rakowski v. Lucente did not control because it concerned whether a party's release barred a later contribution claim, not whether a release specifically identified and discharged another tortfeasor's liability to the injured plaintiff.
Key quotations
“The court further held that the legislature’s intendment under section 2(c) was to not release “other tortfeasors” from liability unless they were “designated by name or otherwise specifically identified.”” (157 Ill. App. 3d at 865)
“Alsup does hold, however, that a release does not cover a joint tortfeasor not specifically identified, and as we found above, neither defendant in the case before us was specifically identified in the release executed by plaintiff.” (157 Ill. App. 3d at 867)
Factual background
McNamara fractured his left wrist in a November 27, 1983, fall at the Addison Lounge and was subsequently treated by Dr. Shermer at Northwest Hospital. On November 3, 1984, he settled with the lounge and executed a release covering the lounge and 'any and all other tortfeasors who are or may be liable' for the accident. The release also reserved the lounge's potential indemnity or contribution rights against other persons. McNamara later brought a medical malpractice action against Dr. Shermer and Northwest Hospital.
Procedural history
After fracturing his wrist in a fall at the Addison Lounge, McNamara settled with and released the lounge. He then sued Dr. Shermer and Northwest Hospital for negligent medical treatment. The circuit court held that the release also discharged the medical defendants and granted summary judgment. The Appellate Court of Illinois reversed and remanded.
Remand instructions
The case was remanded for further proceedings consistent with the opinion's holdings.