Harkins v. CA 14th Investors Ltd.

Former employee could not recover damages for the injuries he sustained when he slipped and fell in his former employer's parking lot because he executed a release discharging all claims against the company.

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In this renewal action, Lee R. Harkins sought to recover damages for personal injuries incurred when he slipped and fell in the parking deck of his then employer, BellSouth Telecommunications. The parking deck was owned by 1155 Peachtree Associates, a joint venture between BellSouth Corporation, the parent company of BellSouth Telecommunications, and CA 14th Investors, Ltd. Harkins brought suit against several parties, including 1155 Peachtree and CA 14th Investors, Ltd., the appellee here. 1155 Peachtree moved to dismiss or, in the alternative, for summary judgment on the ground that a joint venture is not a legal entity. The trial court granted the motion and dismissed the action as to 1155 Peachtree. That dismissal is not appealed. The trial court also granted CA 14th Investors’ motion for summary judgment, made on the ground of release. The case remains pending against the other parties named. Harkins appeals, contending that the trial court erred in granting CA 14th’s motion for summary judgment because a jury issue remained as to whether the release covered this claim. Because we find that the release unambiguously covered claims against “related” and “affiliated” companies and that CA 14th Investors, Inc. was such a company, we affirm the trial court’s judgment.

At the time Harkins alleges he fell in the parking deck, July 19, 1994, he was an employee of BellSouth Telecommunications. In July 1995, he filed the original lawsuit seeking to recover damages for personal injuries resulting from the fall. He subsequently left the employ of Bellsouth Telecommunications, taking advantage of an “early retirement” package known as the Career Transition Assistance Plan. In doing so, on November 25, 1996, he executed a release in consideration for the severance plan. Harkins’s original lawsuit was dismissed in April 1997 and this renewal action was filed in October 1997.

Harkins v. CA 14th Investors Ltd.

Former employee could not recover damages for the injuries he sustained when he slipped and fell in his former employer's parking lot because he executed a release discharging all claims against the company.

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