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Show FRIDAY, FEBRUARY 23, Suits District Court - Walker Bank 210496 Co. vs ICE & JAN- PlCf9362.41 L. DAVID M. CAROL Tr. & WATSON $186.67; bankard 210498 - Walker Bank Co. vs & Tr. i PAUL C. MARTIN AND J. MAUREEN $545.20; bankard - Walker Bank 210499 Co. vs - Carlyle 210500 H. Ollerton M. W. CARSON, ROBERT M. bal - Earl Harris vs 210502 COUNTY SALT LAKE SHERIFF; Trust vs Pet. stock vs DOX YEAMAN AND LANCE Pltf$1,341.00; bal District Court 206803 - National Finance Co. of Magna vs CLARENCE D. ERVIN AND LOIS L. ERVIN vs Kennecott Copper Corpn,garn $62.59; garn Judg 216 25 $31.20; 216 LO- P. BLANCHE Pltf$8.102 214 - Pltf$268 207892 RAY R, Letters of I UNDERSTAND THAT THIS IS ALL THE MONEY I WILL RECEIVE AS THE RESULT OF THIS ACCIDENT. I HAVE READ THIS RELEASE, UNDERSTAND IT AND AM SIGNING IT VOLUNTARILY. W. Pltf$537.05; $192.59; $29.00; 216 M. JONES; Ten months later, and more than two years after the defendant doctor's services had been rendered, plaintiff instituted this action, in which defendant, under the discovery process, requested admission of facts (Rule 36, Utah Rules of Civil Procedure). Plaintiff did not respond thereto and the court accepted the facts requested, as he properly was supposed to do, as' being true, under Rule 45. Defendant filed a motion for Summary Judgment, which, we conclude, properly was granted. Appellant now says that the release was not intended to include full a compensation for the injuries and that he did not intend to include claim Come of Lately gesture. Such against the defendant doctor, a sort Johnnie a claim at least should have been adverted to in the action before, and the almost stale claim now leveled at this doctor has little or no anachronistic someone. logic, - save to say we want some more money from 37 Beesley. Hearing 37 - Smith, Lorena 0. Letters of Gottfredtfon, - 59812 AND VERLA H. - Welling, ivy Spencer Probate of Will 59811 M. The action against the oil company was stipulated in court to have been "fully compromised and settled" and the action dismissed with prejudice. Admr. Glen RLchman, Hearing - Interlake Thrift F. JONES Above plaintiff's signature on the release there appeared the following: Arnold Terry Lee Spec. Let of Admr. 37 WHtfafenr Kathleen smissal; 216 vs - 59807 Ruby B.Stroberg N. BURNS ; Judg of di- ALDEN v Probate Court 59809 198041 vs contrary. Kay lee S. - Patsy Donna Flkatad vs Melvin Lorln Flkatad Pltf$404.00 PETERSON; - 8700 216 206267 - Lee Ann Peterson and State of Utah vs GALE I understand and agree that this release extends to and includes any and all of my damages, injuries and claims which I do not anticipate or know about or suspect to exist, ard to any and all damage, injuries or claims which may develop in the future, and I hereby expressly waive and relinquish any and all rights under any law or statute to the Frank vs Charles Edward Frank ALEXANDER AND $106.18; $24.60; Herd - Cathryn Nichols Barney 7858 ALEXANDER; W. 5146- - Bette Jeanne Hardwick vs Danny Lynn Hardwick - Interlake Thrift TERRY The "Release in full of All Claims and Rights" stated that: vs John Henry Barney E. MCMILLIN; $875. 19 ; $29.50; $285.00 209619 vs Buchanan, Admr. Hearing 37 Archibald Probate of Will Got tfreds on, Hearing 37 59813 - Childs, Phil Adair M. Letters of Admr. Holnn Olsen, hearing 37 59814 - Evans, Robert G. Probate of Will Owen ' 37 Rel chinan. Hearing 59815 The appellant, not having responded to facts properly demanded under the rules, but preferring to argue about the elusive factor of intent in signing a full, complete, unreserved release of all claims, hardly can pursue a claim years later, without substantial and meaningful reason. - Crane, Sana Probate of Will 37 L. Duncan. Hearing 59816 - Stookey, John David. Probate of Will (Hall) Fabian & Clendenin Hearing Help has arrived for your OFFICE HOME OR APARTMENT BUILDING, e Low Cost Maintenance 8 Janitorial Service r. e Service e Noobtoobjg or small e Reliable, professional service e 20 years experience e We are bonded and insured against liability 24-H- Cell tar Free btleietea Mheenedey TSeyieweeli 322-311- 3 KLEEN-EMU- P & COMPANY, INC. M lest Self Letie 1SS lentil City WAIKIR BANKARD a cams Plaintiff suffered severe burns on August 30, 1968, while working for an oil company. He was attended by defendant, a doctor, who amputated two fingers and part of a third. The medical treatment was completed before the end of September of that year. Six months after the injury, plaintiff sued the oil company, not the defendant here, and strangely, under the facts of this present case, without joining him, and 17 months after the defendant had finished his medical treatment for plaintiff, the latter settled with the oil company for $70, 000, being represented by the same counsel in the instant case, one of whom witnessed plaintiff's signature on the release. - La Nelle Herd vs 7123 RONALD Pltf 9568 - Constance E. Davis vs Ronald Lee Davis Michael - Estate Realty, Inc. 209513 vs Appeal from a no cause of action summary judgment. Affirmed with costs to defendant. The complaint and a subsequent letter negotiating the settlement made claim for payment of all damages suffered, making specific reference to the amputation, pain and suffering, the surgery, hospitalisation, loss of wages and future earnings, all of which factors and items of alleged damage that represented his claim in his action against the oil company practically were repeated and included in the instant case sounding in malpractice against defendant here. - 7485 209791 - Financial Collect. NG AND LEONE LONG; vs Wynn Paulsen Lublin vs Stephen Albert Lublin Judgments JAMES F. 1 9314 - Joan Young vs Alvin Leo Young 7773 Agencies ,Inc. vs HENRIOD, Justice: H. Kimbal 6931 - Henry Patrick Bacca vs Joleen Reed Bacca - First Fidelity Inc. HOLIEN ; - Debbie 59817 Appellant talks a lot about the "unity of release" rule and modern trends anent "joint" tortfeasors' liability and the distinctions between "joint" tortfeasors and "concurrent" tortfeasors and "subsequent" tortfeasors, and the like. 32 - Stookey, Agnes D, Probate of Will (Hall) Hearing 37 - Hunt, Leonard J1. Probate of Will W. Bennett, Hearing 3l4 59818 Confirmation of Sale Probate 9:00 A. M. - Lucile B. Wagner self-ma- Irene Warr, Executrix Confirmation of sale of the following personal property: 1962 Olds 4 Dr. to Nacni B. Woolley He forgets to concede that in his own language, in a suit against his his damages, - including employer, that he got $70,000 as compensation for those he claims in this suit against this doctor,. which, under the facts of the case and the concessions made by appellant, mirror some kind of an abortive double payment that the law cannot tolerate. Appellant's authorities generally are inapropos in this case except one or two, one of which appears to anesthetise himself in this case. Under the facts of this case, appellant's reliance on the eminent authority of Prosser, Torts, 2d. Ed. (1955), p. 245, impales himself on the horns of his dilemma when, in his brief, he quotes therefrom to the effect that: 28.1973 Wednesday, February ' 59707 L. M. Cummings, Clerk Brannon vs W. Divorces Granted SIMMONS Pltf$19,225.18 SIMMONS; 210509 D. ANN 9720 1973 Brannon 9725 - Marjorie Joan Allen vs Jack R. Allen WEBB AND GARY AKA ANN D. W. 9724 - Sharon Ann Carlson vs Daniel Eldon Carlson - The Corporation Co. - Elaine John - Victoria Foote Boswell vs Nell Clarence Boswell Writ of Habeas Corpus 210508 FILED Mark H. Greene, M. D. Defendant and Respondent. 9721 Allred vs Pltf$1,498.00 NEIL GRECO; No. 13046 'February 6, Charles Andrew Kimball of action; pers injury - Joel 9719 D. Pltf$500,000; (4) cause 210501 59487 - Betty Gertrude Edwards John Wm. Edwards, Executor Howard Williams, Plaintiff and Appellant, 9718 - Susan Kay Davis Marth vs David Lynn Martin Tr. of sale of the following personal property: 1966 Pontiac 2 Dr. H. T. to Bertha Thornell for $575.00 Matt Biljanic, Atty, 7355 So. 9th East, Midvale, Ut. Confl rotation In The Supreme Court Of The State Of Utah 9716 - Kathleen Wllkerson vs Douglas Wllkerson bankard Ptf$775.15; vs & REID GUSTAFSON; W. Moulton Mildred Wilkinson for $7,000. Irene Warr, Atty 43 Judge Building, SLC 9717 - ClAudla June Wilding vs John Steven Wilding Pltf MARTIN; J. following real property located: 1405 South 3rd East, to Moulton vs W. 9715 - Linda Christensen Barber vs Hollis J. Barber AND Pltf WATSON; - Elaine 9714 Gary - Walker Bank 59704 'Maani B. Holm Allene N. Duke, Admrx Confirmation of sale of the 9713 - Patsy L. Gardner vs Ronald Kenton Gardner bankard 210497 Co. vs Confirmation of Sale Probate Divorces Filed Tr. D. BAKER AND GARY BAKER PAGE THREE THE DAILY RECORD 1973 for $50.00. Irene Warr. 430 Jhdge Building 56953 - Robert Hal Rosquist Edna Rosquist, Admr., Confirmation of sale of The only desirable rule would seem to be that a plaintiff should never be compelled to surrender his cause of action against any wrongdoer unless he has intentionally done so, or unless he has received such full compensation that he is no longer entitled to maintain it. Where there has been such full satisfaction, or where it is agreed that the amount paid under the release is so received, no claim should remain as to any other tortfeasor; but these are questions of fact, and normally to be determined by the jury, where the amount of the claim is unliquidated. (Emphasis added) The very authority he cites incubates him against any hope for a daily the following real property: 3445 So. 7540 West, Magna, and Lot 64 Lake Ridge &ib. to Jay E.Mltchell and Linda Mitchell for $12,500, John A. Rokich, atty 3617 South 8400 West, Magna, Utah de ... double. V |