Lujan v. Healthsouth Rehabilitation Corp.9/26/1994
PICKARD, Judge.
Plaintiff brought an action in her individual and representative capacities against Defendants, claiming they committed medical malpractice in treating the injuries caused to her son by a tortfeasor. The issue in this case is whether Plaintiff's release of the tortfeasor, and of all persons and corporations who together with the tortfeasor "may be jointly or severally liable" to Plaintiff for claims "arising out of" the accident with the tortfeasor, acts as a bar to Plaintiff's malpractice claim against Defendants. We hold that Plaintiff's claim is barred, and we affirm the district court's grant of summary judgment in favor of Defendants.
In January 1990, Martin Lujan was involved in a vehicular accident with Nancy Jaramillo. Martin suffered serious injuries in the accident, including an open fracture of his left femur. In February 1990, Martin was transferred to Defendant Healthsouth's facility for rehabilitation. Defendant Mercedes Chavez worked at the facility. Plaintiff alleges that in March 1990, Chavez improperly maneuvered Martin's left leg while changing the leg's dressings, thereby refracturing it at the original femoral fracture site.
Plaintiff, Martin's mother, then filed a personal injury lawsuit against Jaramillo. Defendants were not named in this suit. In February 1991, Plaintiff settled with Jaramillo. As part of the settlement, Plaintiff signed a release of all claims as part of the settlement. Among other things, the release provided the following:
IN CONSIDERATION of the sum of One Hundred Thousand Dollars, ($100,000) the receipt and sufficiency of which is hereby acknowledged by IRENE LUJAN, individually and as the mother, guardian, and next best friend of her minor son MARTIN LUJAN . . . . [hereinafter called "Releasors"], Releasor individually and for their heirs, executors, administrators and assigns does hereby forever release and discharge NANCY JARAMILLO, and her agents, servants, employees, representatives, insurance companies, attorneys, successors and assigns, and also any and all other persons, associates, or corporations, whether herein named or referred to or not, and who together with the above-named parties may be jointly or severally liable to the Releasors, or anyone else acting on behalf of or through the derivative rights of the Releasors, [hereinafter "Releasee"] of and from any and all claims, causes of action, rights suits, covenants, contracts, agreements, judgments and demands of whatsoever kind or nature that Releasors have or may have against Releasee for damages to Releasors' person or property arising out of an accident on or about January 27, 1990, at the intersection of Blake and Tapia, SW, Albuquerque, New Mexico.
In March 1993, Plaintiff filed an action against Defendants alleging that the March 1990 incident involving Martin's leg constituted medical malpractice. Defendants moved for summary judgment, arguing that Jaramillo "may be jointly or severally liable" with Defendants for Martin's injuries, and as such the release also applied to them. The district court granted the motion, and Plaintiff appeals.
We believe our recent decision in ), cert. denied (June 17, 1994), controls this case. In Perea, a plaintiff was injured by a truck that was driven by one joint tortfeasor and owned by another joint tortfeasor. The plaintiff signed a release in which the driver tortfeasor and "every other person, firm, or corporation" were released from liability. The plaintiff then sued the owner tortfeasor, and the owner, relying on the general release clause in the plaintiff's release, moved for summary judgment. Id. at , . We first held that the owner, as movant,
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