 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stateline Steel Erectors12/9/2003
es only not to assert any right or claim based upon the obligation." Id.
The agreement does not state that the contractors "release" Stateline from liability. To the contrary, the contractors merely agreed "not to attempt to satisfy the remainder of the stipulated judgment in any way against Stateline" and not to "sue, continue with, or bring further litigations" against Stateline arising out of the employee's accident or the contractors' indemnification claims. The contractors promised to seek satisfaction of the judgment solely through the payment they received from Stateline's insurer and from pursuing Stateline's claims against the defendants.
According to the plain meaning of its terms, the agreement was a covenant not to sue or execute the judgment against Stateline, not a release. See Tip's Package Store, 86 S.W.3d at 548, 555.
Reversed and remanded.
BRODERICK, NADEAU, DALIANIS and DUGGAN, JJ., concurred.
|