Earlier this month, a Mississippi appellate court issued a written opinion in a premises liability lawsuit that should act as a warning to all New Mexico personal injury victims. The case involved a slip-and-fall case filed against three defendants, two of which the plaintiff excused through a pre-trial settlement agreement. However, the issue for the court to resolve was whether the plaintiff also unknowingly excused the third defendant as well. Ultimately, the court found that the third defendant was excused through the lawfully executed agreement between the plaintiff and one of the other parties.
The plaintiff was walking on the sidewalk in front of an auto parts store when she tripped and fell after stepping in hole for a recessed utility box that was obscured due to fresh grass clippings that had covered the area. The plaintiff filed a premises liability lawsuit against the auto parts store, the city where the accident occurred, as well as the utility commission responsible for the placement and maintenance of the utility box.
During pre-trial negotiations, the plaintiff entered two separate settlement agreements with the auto parts store and the city. The agreement with the city contained a clause whereby the plaintiff agreed to discharge the case against the city and any “successors, agents, attorneys, insurers, subsidiaries, sister or parent companies, assigns, employees, representatives, stockholders, [etc.]”