Cox v. Pearl Investment Co.
Colorado Supreme Court
450 P.2d 60 (Colo. 1969)
Relevant factsFree
After Mrs. Cox (plaintiff) was injured on Pearl Investment's (defendant) property, she settled with the property's tenant, Goodwill Industries, for $2,500 under a "Covenant Not to Proceed with Suit" that expressly reserved her right to sue anyone else for damages from the same accident; the trial court, following prior precedent that releasing one joint tortfeasor releases all, granted Pearl summary judgment based on the Goodwill settlement, and Cox appealed.
IssueFree
Whether, where a contract releases one joint tortfeasor from further liability but expressly reserves the right to sue other joint tortfeasors, a court may determine that the contract released all tortfeasors from liability.