2010AP364 Rebholz, et al. v. Lakeland Leisure Corporation, et al.

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Insurance
Releases; extrinsic evidence

Bruce Rebholz and Janet Rebholz (collectively “Rebholz”) appeal an order granting Club Car, Tiziani Golf Car, Lakeland Leisure Corporation, and State Farm Mutual Automobile Insurance Company (“State Farm Auto”) summary judgment on all claims that Rebholz asserted against them. Rebholz argues that summary judgment was inappropriate in this case because—contrary to the trial court’s determination—the release his guardian signed was not a general release discharging all potential tortfeasors from liability, but was instead only meant to release Darkow and State Farm Auto from liability. Specifically, Rebholz contends that: (1) extrinsic evidence of the parties’ intent shows that the release was not a general release; and (2) the fact that he was not fully compensated for his injuries provides evidence of ambiguity in the release, giving rise to a jury question. We disagree. The release, by its clear, unambiguous language, is a general release discharging all potential tortfeasors from liability. We therefore affirm the trial court’s order granting summary judgment. Not recommended for publication in the official reports.

2010AP364 Rebholz, et al. v. Lakeland Leisure Corporation, et al.

Dist I, Milwaukee County, Cooper, J., Curley, P.J.

Attorneys: For Appellant: Gatzke, James E., New Berlin; For Respondent: Johanningmeier, Josh, Madison; Wheeler, Patricia L., Madison; Cabush, Thomas A., Milwaukee; Aiken, Michael D., Milwaukee

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