Clark v. Brooks
Delaware Superior Court
377 A.2d 365 (1977)
- Written by Jody Stuart, JD
Facts
Elena Clark (plaintiff) asserted a personal-injury claim against Wilmington Medical Center (Wilmington) and Dr. Charles Blackshear (defendant), a senior resident. Prior to filing suit, Clark reached a settlement with Wilmington. As part of the settlement, Clark signed a release. In addition to releasing all of Clark’s claims against Wilmington, the release also provided for the reduction of any damages recoverable by Clark against any other person who might be liable, to the extent of Wilmington’s share of the damages. Subsequently, Clark brought an action against Blackshear. Blackshear moved for summary judgment, arguing that the release of the employer barred recovery against the employee. For purposes of considering the motion, it was assumed that Wilmington’s liability arose solely as the employer of Blackshear and that Blackshear was an employee of Wilmington.
Rule of Law
Issue
Holding and Reasoning (Taylor, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
