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Manke v. Fernandez5/31/2002
We disagree.
Iowa Code section 668.7 (1999) provides:
A release, covenant not to sue, or similar agreement entered into by a claimant from a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides.
In interpreting this provision, our supreme court has stated:
e favor a rule which would require a written release to include some specific identification of the tortfeasors to be released in order for them to be discharged. While the easier course would require naming these parties, we would not require such a rigid rule if they are otherwise sufficiently identified in a manner that the parties to the release would know who was to be benefited. Aid Ins. Co. v. Davis County, 426 N.W.2d 631, 633 (Iowa 1988); see also Britt-Tech Corp. v. Am. Magnetics Corp., 463 N.W.2d 26, 29 (Iowa 1990); Burns v. Rodriquez, 448 N.W.2d 673, 675 (Iowa Ct. App. 1989).
A designation of a classification, such as "employees," or "partners," may be sufficiently specific to satisfy section 668.7. Aid Ins., 426 N.W.2d at 633-34. On the other hand, a general designation, such as "any other person, firm or corporation" would not sufficiently identify the tortfeasor to be discharged. Id. at 634. "Requiring a party to name or otherwise identify the parties they intend to release will clarify their respective rights and will minimize the possibility of mistake regarding a release's effect." Id.
In considering this issue, the district court stated:
During the jury trial of this claim, plaintiffs executed a written release of their claims against Children's Square USA. When looking at the broad language of said release, defendant suggests he was released as well. The Court finds that said release is a contract between the parties. When construing a contract the intent of the parties to the contract is controlling. Given the language of the release, the timing of the release, and plaintiffs' pursuit of their claims against defendant in a jury trial, the Court does not find that plaintiffs intended to release this defendant by the release signed October 25, 2000.
This determination is abundantly supported by the trial record, and we adopt it as our own. We also note that Dr. Fernandez was not a party to the negotiations resulting in Manke's settlement with Children's Square, nor did he raise this issue prior to his posttrial motions. We also affirm on this issue.
We affirm the judgment of the district court.
AFFIRMED.
Eisenhauer, J., concurs; Sackett, C.J., dissents.
SACKETT, C.J. (dissenting)
I believe the release given by plaintiff by its terms released defendant. I would reverse and dismiss plaintiff's claim.
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