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Speed v. Muhanna7/22/2005
type of malpractice claim." (Emphasis supplied.) Zahler is an attorney, and if he had meant to limit the release only to Muhanna's not being made a defendant in the Sports Authority case, he could have done so. However, he did not, and parol evidence is inadmissible to modify the plain language of his letter to Muhanna. Heath v. Boston Capital Corporate Tax Credit Fund VIII.
(c) Speed also argues that the letter was not an enforceable agreement because there was no consideration from Muhanna for his agreement with Zahler. We disagree.
"Insofar as consideration is concerned, a release is a surrender of a cause of action which may be gratuitous or given for an inadequate consideration." Philips Audio Video Systems Corp. v. Bateman. In this case, Speed considered it in his interest, in pursuit of his action against Sports Authority, to depose Muhanna concerning his medical condition, care and treatment, and any causal relationship between the injury he sustained at the Sports Authority store and his later severe medical complications. In return for the release, Muhanna met with Zahler prior to the deposition and voluntarily testified at length in a matter in which his testimony could expose him to suit. Such testimony was good and valuable consideration for the release.
3. In light of our determination in Divisions 1 and 2 that Zahler's letter constituted an enforceable release and that Speed was bound by that release, we need not address Speed's remaining arguments. Capitol Materials v. Kellogg & Kimsey, Inc. ("` f the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promisor or of a loss, disadvantage, or detriment to the promisee'").
Judgment affirmed. Miller and Bernes, JJ., concur.
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