California Court of Appeal

In personal injury action against defendant-driver and driver's employer following settlement with the car rental company in which plaintiff signed global release as to all persons, summary judgment for defendants is affirmed, where: 1) defendant driver was specifically named in the release; 2) the driver's employer made the requisite showing that it was a nonparty claiming benefit under the contract and the claimed benefit did not flow to him as a mere incident of the agreement, but as one the contracting parties intended to confer; and 3) the trial court did not abuse its discretion in denying of plaintiff's tardy request for a continuance to explore the possibility that a claims adjuster involved in negotiating the settlement might provide evidence that he did not expect the release to sweep as broadly as its language indicated.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• RUSHING

Court

• California Court of Appeal

Counsel