Brown v. Simoneaux

17 Citing cases

  1. Myers v. Burger King Corp.

    618 So. 2d 1123 (La. Ct. App. 1993)   Cited 16 times
    In Burger King, Parkway Construction Company (“Parkway”) and Burger King entered into a contract to renovate one of its restaurants.

    A person who signs a written instrument is presumed to know its contents and cannot claim that he did not read or understand the document. Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992). Our law clearly provides that an owner is entitled to recover from a contractor where the contract between the parties provides that the general contractor will secure liability insurance naming the owner as an additional insured and the contractor fails to do so. Lopez v. Hartford Accident and Indemnity Company, 495 So.2d 375, 378 (La.App. 3rd Cir.), writs denied, 498 So.2d 757, 758 (La. 1986); State v. Alexander Alexander, Inc., 477 So.2d 753, 757 (La.App. 1st Cir.), writ denied, 478 So.2d 909 (La. 1985) and Ordonez v. W.T. Grant Company, 297 So.2d 780, 782 (La.App. 4th Cir. 1974).

  2. Brown v. Drillers, Inc.

    630 So. 2d 741 (La. 1994)   Cited 286 times
    Describing the inapplicable circumstances in which Louisiana courts do not enforce the clear and explicit words of a settlement agreement

    Wilson v. Cost + Plus of Vivian, Inc., 375 So.2d 683, 685 (La.App. 2d Cir. 1979); Horton v. Mobley, 578 So.2d 977, 982 (La.App. 2d Cir. 1991). Duet v. Lucky, 621 So.2d 168, 173 (La.App. 4th Cir. 1993) (noting that absent evidence substantiating alleged mistake in intent, no reason exists to look beyond four corners of document); Brown v. Simoneaux, 593 So.2d 939, 941 (La.App. 4th Cir. 1992) (noting that "the language of the release is so broad and unambiguous it leaves little to be misunderstood"); Barnhill v. Consolidated Medical, Disability Life Trust, 569 So.2d 1115, 1117 (La.App. 3d Cir. 1990), writ denied, 572 So.2d 93 (La. 1991) (finding language of release so broad as to clearly cover liability sued upon); Shepherd v. Allstate Ins. Co., 562 So.2d 1099, 1102 (La.App. 4th Cir. 1990) (holding unambiguous release executed by literate, intelligent party could not be nullified absent vice of consent); Watkins v. Johns-Manville Corp., 458 So.2d 212, 215-16 (La.App. 5th Cir. 1984) (plain and unambiguous agreement is properly construed based solely on language of document); Succession of Teddlie, 385 So.2d 902, 905 (La.App. 2d Cir.), writ refused, 393 So.2d 742 (La. 1980); see also National Union Fire Ins. Co. of Pittsburgh, Pa. v. Circle, Inc., 915 F.2d 986, 990 (5th Cir. 1990); Ingram Corp. v. J. Ray McDermott Co., 698 F.2d 1295, 1312 (5th Cir. 1983) (noting that Louis

  3. Blount v. Smith Barney

    695 So. 2d 1001 (La. Ct. App. 1997)   Cited 17 times

    A person who signs a written instrument is presumed to know its contents and cannot claim that he did not read or understand the document. Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992); Tweedel v. Brasseaux, 433 So.2d 133 (La. 1983). Only two of the appellants testified at the hearing on the exceptions.

  4. Robbert v. Carroll

    699 So. 2d 1103 (La. Ct. App. 1997)   Cited 8 times

    The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes. La.C.C. art. 3071; Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir. 1992). The subsequent discovery by a claimant that an injury was more serious than initially believed does not entitle the claimant to rescind the settlement and release agreement.

  5. Lyons v. Coleman

    743 So. 2d 213 (La. Ct. App. 1999)   Cited 3 times

    The mutual releases from "any and all causes of actions, claims, debts, demands, obligations, liabilities, benefits or costs, of whatever kind or character, known or unknown, in the past and up to the date of this agreement," within common usage, explicitly leaves nothing for misinterpretation or further clarification and is broad enough to include a relinquishment of Coleman's right to assert any claim for restrictive covenants. La.C.C. art. 2047; See Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992). This conclusion is further buttressed by the inclusion of a separate, but similar, Release of Guarantors clause in the sale agreement.

  6. Dimitri v. Dimitri

    809 So. 2d 481 (La. Ct. App. 2002)   Cited 14 times
    Finding that a general release of "all claims" did not include a release of plaintiff's claims for personal injuries and total medical expenses

    He contends, therefore, that this transaction should be rescinded because there was error as to the subject matter of the dispute being settled. CNA argues that Mr. Dimitri is presumed to know the contents of the release he signed and that he cannot avoid its obligations by pretending that he did not read it, that it was not explained to him, or that he did not understand it. Tweedel v. Brasseaux, 433 So.2d 133 (La. 1983); Myers v. Burger King Corp., 618 So.2d 1123 (La.App. 4th Cir. 1993); Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992). Because the language of the release is clear and explicit, CNA argues that extrinsic evidence, beyond the four corners of the agreement, may not be considered in order to determine the parties' intent.

  7. Ndanyi v. Rent-A-Center, Inc.

    Civil Action No. 04-1769 Section "C" (5) (E.D. La. Dec. 1, 2004)   Cited 1 times
    In Ndanyi v. Rent-A-Center, Inc., 2004 WL 324516 (E.D. La. Dec. 11, 1004), which is cited by RAC, the identical arbitration provision was found to be valid and enforceable in an employment discrimination case.

    As a general rule, "a person who signs a written instrument is presumed to know its contents and cannot claim that he did not read or understand the document. Blount v. Smith Barney Shearson, 695 So. 2d 1001 (La.App. 4th Cir. 1997); Brown v. Simoneaux, 593 So.2d 939 (La.App. 4th Cir. 1992); Tweedel v. Brasseaux, 433 So.2d 133 (La. 1983). The Court agrees with the defendant that the Arbitration Agreement is valid and enforceable.

  8. Leach v. Ameriquest Mortgage Services

    CIVIL ACTION NO: 06-1981, SECTION: "J" (3) (E.D. La. Oct. 2, 2007)   Cited 3 times
    Holding that "[p]laintiffs cannot assert a breach of fiduciary duty, because no fiduciary relationship was formed" by the mortgage agreement that authorized a lender to purchase flood insurance

    Further the terms of the mortgage contract clearly state that the onus is on the borrower to procure flood insurance. Under Louisiana law, one who signs a contract is presumed to know its terms. See Tweedel v. Brasseaux, 433 So. 2d 133, 138 (La. 1983); Brown v. Simoneaux, 593 So. 2d 939, 940-41 (La.App. 4 Cir. 1992); Johnson v. Orkin Exterminating Co., 746 F. Supp. 627, 632-33 (E.D. La. 1990). Plaintiffs could not have justifiably relied on a representation by the Defendant to procure insurance.

  9. Hymel v. Eagle, Inc.

    7 So. 3d 1249 (La. Ct. App. 2009)   Cited 19 times
    In Hymel v. Eagle, Inc., the plaintiff was diagnosed with asbestosis and later, executed a release in exchange for $15,000, in which the plaintiff agreed to "release and forever discharge the released parties from any and all liability on account of or in any way growing out of occupational diseases or conditions attributable to exposure to asbestos... including but not limited to death, mesothelioma, cancer, shortness of breath, fear of cancer or increased risk of cancer...."

    The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes. La.C.C. art. 3071; Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir. 1992). The subsequent discovery by a claimant that an injury was more serious than initially believed does not entitle the claimant to rescind the settlement and release agreement.

  10. Hymel v. Eagle, Inc.

    No. 2008-CA-1287 (La. Ct. App. Mar. 19, 2009)

    The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes. La.C.C. art. 3071; Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir. 1992). The subsequent discovery by a claimant that an injury was more serious than initially believed does not entitle the claimant to rescind the settlement and release agreement.