Abney v. Nationwide Mutual Insurance Co.

Summary

The Supreme Court of Kentucky held that a general release discharging the named tortfeasor and “all other persons, firms or corporations liable, or who might be claimed to be liable” released unnamed joint tortfeasors under KRS 411.182(4). The court affirmed summary judgment for the remaining defendants, concluding that the release was clear and unambiguous and that the asserted mutual-mistake defense was unavailable. A dissent argued that the release produced an inequitable windfall because the remaining tortfeasors had neither negotiated nor paid consideration for the settlement.

Holdings

1. A release that plainly discharges all other persons, firms, or corporations liable or who might be claimed to be liable satisfies KRS 411.182(4)'s 'unless it so provides' requirement and releases other joint tortfeasors covered by that language.
2. KRS 411.182(4) does not require a release to specifically name or identify every other discharged tortfeasor.
3. The mutual-mistake defense did not apply because the evidence showed no mutual mistake of material fact and no agreement to terms different from those written in the release.

Questions Presented

1. Whether a release expressly discharging all other persons, firms, or corporations liable or potentially liable satisfies KRS 411.182(4)'s requirement that a release discharge other liable persons only if it so provides.
2. Whether the release was ambiguous or unenforceable because it did not specifically identify the Brakes or Nationwide.
3. Whether mutual mistake created a genuine issue of material fact sufficient to avoid or reform the release.

Disposition

affirmed