Elizabeth H. Derby v. Pro V. Prewitt

Summary

The New York Court of Appeals reversed the Appellate Division, holding that a general release given to a taxi driver does not automatically bar a malpractice claim against a physician because the parties are not joint tortfeasors; the issue of whether the release intended to satisfy all damages is a factual question for the trier of fact. Justice Fuld’s opinion is contested by a dissent that would affirm the dismissal.