Romska v. Opper

In Romska v. Opper, 234 Mich. App. 512; 594 N.W.2d 853 (1999), the plaintiff was injured in an accident involving his automobile and a vehicle in which the defendant rode as a passenger. The plaintiff entered a settlement agreement with the insurer of the vehicle that struck him, pursuant to which he released his claims against the other vehicle's driver and owner "and all other parties, firms, or corporations who are or might be liable, from all claims of any kind . resulting or to result . . . from an accident which occurred on or about May 16, 1994." 234 Mich. App. at 514. The plaintiff then sued the defendant, a nonparty to the release agreement, who sought summary disposition based on the release the plaintiff signed. Romska, 234 Mich. App. at 513-514. The Court affirmed the trial court's grant of summary disposition to the defendant, explaining that "because defendant clearly fits within the class of 'all other parties, firms or corporations who are or might be liable,' we see no need to look beyond the plain, explicit, and unambiguous language of the release in order to conclude that he has been released from liability." Romska, 234 Mich. App. at 515.