Ernest Hobbs v. Russell L. Leonard Et Al. (Concurring)

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Authoring Judge: Judge Richard H. Dinkins

Trial Court Judge: Judge Vanessa Jackson

In our resolution of this appeal, we hold that the General Release, which the parties executed when Case No. 2014-CV-170 settled, was not against public policy. I concur with that conclusion, under the facts presented.

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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE 02/15/2019 January 9, 2019 Session ERNEST HOBBS v. RUSSELL L. LEONARD ET AL. Appeal from the Circuit Court for Coffee County No. 43271 Vanessa Jackson, Judge ___________________________________ No. M2018-00317-COA-R3-CV ___________________________________ Richard H. Dinkins, J., concurring. In our resolution of this appeal, we hold that the General Release, which the parties executed when Case No. 2014-CV-170 settled, was not against public policy. I concur with that conclusion, under the facts presented. My qualification is based on the fact that the release includes a prohibition on the defendants in this case “assist[ing]. . . the initiation by any other person or entity of any claims or demands against the RELEASED PARTIES arising from or relating to any allegations contained in the above-referenced action from the beginning of the world to the date of the Release[.].” (Emphasis added). I believe that, under the appropriate circumstance not presented here, it may be against public policy for a releasing party to agree with a released party not to assist in a legal, administrative, or regulatory proceeding involving the conduct of the released party, particularly where the releasing party has not initiated the proceeding and whose assistance may be compelled. _________________________________ RICHARD H. DINKINS, JUDGE

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