McMullan v. Nichols, 292 S.E.2d 568 (Ga. Ct. App. 1982). · Go Syfert
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McMullan v. Nichols, 292 S.E.2d 568 (Ga. Ct. App. 1982). Cases Citing This Book View Copy Cite
23 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: OCMULGEE EMC v. McDuffie (ga, 2017-10-16)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) OCMULGEE EMC v. McDuffie
Ga. · 2017 · confidence medium
Lumber Co. v. Magee, 162 Ga. App. 865, 865 ( 292 SE2d 477 ) (1982).
cited Cited as authority (rule) Ocmulgee EMC v. McDuffie
Ga. · 2017 · confidence medium
Lumber Co. v. Magee, 162 Ga. App. 865, 865 ( 292 SE2d 477 ) (1982).
discussed Cited "see" Hall v. Burger King Corp. (2×)
S.D. Fla. · 1995 · signal: see · confidence high
See McMullan v. Nichols, 162 Ga.App. 865 , 292 S.E.2d 568 (1982) (holding that plaintiff was bound by terms of general release he executed in favor of defendants despite allegation that he did not read release because he did not have his glasses with him and despite claim that scope of the release had been misrepresented). 25 .
discussed Cited "see" Lokas v. Greer (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See McMullan v. Nichols, 162 Ga. App. 865 ( 292 SE2d 568 ) (1982).
discussed Cited "see, e.g." Fincher v. Dempsey (2×)
Ga. Ct. App. · 1993 · signal: see also · confidence low
“It is clear that no fiduciary relationship exists between one having a claim against an insured and the agent of a liability carrier who seeks settlement of the claim, and a release obtained by him from a party having a claim for damages is binding . . . unless he has prevented the claimant from making investigation of his legal rights in the premises.” (Citations and punctuation omitted.) Riker v. McKneely, 153 Ga. App. 773, 774 ( 266 SE2d 553 ) (1980); see also McMullan v. Nichols, 162 Ga. App. 865 ( 292 SE2d 568 ) (1982).
Retrieving the full opinion text from the archive…
McMULLAN Et Al.
v.
NICHOLS
63805.
Court of Appeals of Georgia.
Jun 22, 1982.
292 S.E.2d 568
E. Davison Burch, for appellants., J. Vincent Cook, for appellee.
Sognier, Deen, Pope.
Cited by 6 opinions  |  Published
Sognier, Judge.

Charles W. Nichols sued Billy and Rhonda McMullan seeking recovery for personal injuries arising out of an automobile accident. The McMullans pleaded accord and satisfaction on the basis of a release executed by Nichols and a draft endorsed by appellee. The release stated that it included “all claims... on account of all personal injury . . . property damage . . . already sustained or that I may hereafter sustain . . .” The draft recited “In payment of any and all claims arising from accident of 2/17/81.” The McMullans moved for summary judgment attaching the release and draft. Nichols countered with an affidavit stating that he had not read the release because he did not have his glasses with him and that he had relied upon the adjuster who told him the release and the amount covered only his property damage. The trial court denied appellants’ motion for summary judgment. Upon proper application by appellants, we granted this interlocutory appeal.

“This case is controlled by Conklin v. Liberty Mutual Ins. Co., 240 Ga. 58 (239 SE2d 381) (1977) and Riker v. McKneely, 153 Ga. App. 773 (266 SE2d 553) (1980). The record does not disclose any artifice, fraud or trick which prevented appellant from reading the release. No fiduciary relationship existed between the claims adjustor and appellant.” Wyatt v. Jones, 159 Ga. App. 93, 94 (283 SE2d 48) (1981). The release is valid and summary judgment should have been granted in favor of appellants.

Judgment reversed.

Deen, P. J., and Pope, J., concur.