Opinion
May 24, 1960.
October 26, 1960.
Contracts — Releases — Construction — Release of liability for accident — Bar to subsequent joinder as additional defendant — Parol Evidence Rule.
1. Where A operated a truck which collided with an automobile operated by B in which C was a passenger, and thereafter A executed a valid release headed "Release Of All Claims" and for a stated consideration of $2973.02 released B ". . . from any and all actions, . . . claims . . . for damages, . . . or any other thing whatsoever on account of, or in any way growing out of, any and all known and unknown personal injuries and death and property damage resulting . . . from an occurrence or accident that happened on or about the 4th day of November, 1955, . . ."; and it appeared that B's insurer sent the release to A with a letter stating that the $2973.02 ". . . represents your portion of the settlement of the property damage claims on a pro rata basis."; and thereafter C instituted an action of trespass against A and A sought to join B as an additional defendant, it was Held that (1) the release barred such joinder, (2) in view of the Parol Evidence Rule, the letter could not be used to limit the language of the release, and (3) the court below had properly entered judgment in favor of B. [336-7]
2. Killian v. Catanese, 375 Pa. 593, followed. [337]
Mr. Justice MUSMANNO and Mr. Justice COHEN dissented.
Argued May 24, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 33, May T., 1960, from judgment of Court of Common Pleas of Dauphin County, Sept. T., 1957, No. 585, in case of Esther Reever Moyer et al. v. Independent Oil Company, Inc., of Pennsylvania v. Minnie E. Reever, administratrix of estate of Walter A. Reever, deceased. Judgment affirmed.
Trespass for personal injuries. Adjudication filed sustaining additional defendant's motion for judgment on the pleadings and judgment entered in favor of additional defendant and against original defendant, opinion by HERMAN, J. Original defendant appealed.
F. Brewster Wickersham, with him Richard B. Wickersham, and Metzger, Wickersham Knauss, for appellant.
John C. Dowling, with him Huette F. Dowling, and Dowling and Dowling, for appellee.
Plaintiffs brought suit in trespass for personal injuries. Defendant, the Independent Oil Company, joined as additional defendant, Minnie E. Reever, Administratrix of the Estate of Walter A. Reever. Walter A. Reever was the driver of the automobile in which plaintiffs were riding as passengers. The additional defendant filed an answer denying liability and any obligation for contribution because defendant had given Reever's Estate (Walter A. Reever and/or the Estate of Walter A. Reever) a general release. Defendant filed a reply averring that the release was limited to a settlement of defendant's property damage claim, by virtue of a prior written letter sent to defendant by Reever's insurance carrier. The lower Court entered judgment on the pleadings in favor of the additional defendant. Defendent the Independent Oil Company, appealed.
This appeal involved the applicability and the variability (by a prior letter) of a general release which provided, inter alia, that it "contains the entire agreement between the parties". Its specific, as well as its very broad language, clearly releases the additional defendant from "any and all actions . . . claims . . . for damages . . . or any other thing whatsoever on account of or in any way growing out of any and all known and unknown personal injuries and death and property damage resulting . . . from an occurrence or accident that happened on or about the 4th day of November, 1955, at or near Harrisburg, Pa."
This was the accident which caused the injuries for which plaintiffs brought suit.
Appellant could be successful only (a) if the aforesaid prior letter which flatly contradicts the release, can vary and change the clear and specific language of the release, or (b) if Killian v. Catanese, 375 Pa. 593, 101 A.2d 379, is overruled. No sound or convincing reason has been advanced to support appellant's contentions.
Judgment affirmed.
Mr. Justice MUSMANNO and Mr. Justice COHEN dissent.