COX V. PEARL INVESTMENT CO.
Sup. Ct. of Colo., 168 Colo. 67, 450 P.2d 60 (1969).
NATURE OF THE CASE: Cox (P) appealed a judgment which the court granted Pearl's (D)
motion for summary judgment and held that P's release of the tenant operated as a release of
all tortfeasors.
FACTS: Cox (P) was injured when she full on property owned by Pearl Investment Co. (D)
and leased by Goodwill Industries. P had released Goodwill Industries from liability beyond
$2,500 because Goodwill paid her that sum in return for a 'Covenant Not to Proceed with
Suit.' Under the release, P had expressly reserved the right to sue any other person or
persons against whom they may have or assert any claim on account of damages arising out of
the above described accident. P sued D. D moved for summary judgment; the release of one
tortfeasor releases all others who may have liability. The motion was granted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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