Chakov v. Outboard Marine Corp.
Supreme Court of Delaware · 1981-04-30 · cited 23×
In this case, plaintiff Brenda Chakov was injured in a boating accident and settled her claims against the boat operator by signing a release that discharged the operator and "all other persons, firms or corporations" from liability; she then sued the outboard engine manufacturer, Outboard Marine Corporation. The Superior Court granted summary judgment to the defendant on the ground that the release was unambiguous and barred the suit. The Delaware Supreme Court affirmed, holding that even assuming ambiguity, the language of the release combined with the course of negotiations demonstrated a clear intent for a full and final settlement that covered third parties such as Outboard Marine, leaving no genuine issue of material fact. A dissenting justice would have found a factual dispute regarding the plaintiff's intent and remanded for trial.