Drobnak v. McKool

28 Pa. D. & C.4th 553, 1993 Pa. Dist. & Cnty. Dec. LEXIS 18
CourtPennsylvania Court of Common Pleas, Somerset County
DecidedOctober 19, 1993
Docketno. 486 Civil 1992
StatusPublished

This text of 28 Pa. D. & C.4th 553 (Drobnak v. McKool) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drobnak v. McKool, 28 Pa. D. & C.4th 553, 1993 Pa. Dist. & Cnty. Dec. LEXIS 18 (Pa. Super. Ct. 1993).

Opinion

CASCIO, J.,

This case is before us on defendant’s petition for interpleader.

The events giving rise to this case occurred on or about August 30,1991 at the intersection of State Route 4025 and State Route 30 in Jenner Township. In their complaint, plaintiffs allege that minor plaintiff, Monique Drobnak, was a passenger in defendant’s car. They further allege that defendant proceeded into the intersection without stopping at a stop sign and collided with another vehicle. As a result of defendant’s alleged negligence, minor plaintiff sustained severe injuries.

At the time of the accident, defendant’s vehicle was insured by State Farm Mutual Automobile Insurance Company with personal injury liability coverage of $25,000 per person and $50,000 per accident. Defendant is represented by counsel provided by his insurance carrier State Farm.

In her petition for interpleader, defendant’s counsel alleges that there are five other individuals, potential claimants, who also allegedly sustained injuries in the August 30, 1991 accident. Defendant claims that these potential claimants are expected to make claims against him for. these injuries, placing defendant at risk of multiple liability and multiple lawsuits and trials arising out of the same accident.

In the petition for interpleader, defendant, without admitting any of plaintiffs’ or potential claimants’ claims, proposes to pay into this court, through State Farm, the coverage limits of liability in total amount of $50,000 in exchange for his discharge from any and all liability.

[555]*555While we commend defendant’s counsel for her creative lawyering, we find that interpleader is not an available remedy for this type of situation. Thus, we are constrained to deny her petition for interpleader.

DISCUSSION

Pa.R.C.P. 2303 governs the allegations required in a petition for interpleader:

“(a) The petition for interpleader shall allege
“(1) that a claimant not a party of record has made or is expected to make a demand upon the defendant as a result of which the defendant is or may be exposed to double or multiple liability to the plaintiff and to such claimant as to all or any part of the claim asserted by the plaintiff...”

Pursuant to Pa.R.C.P. 2306(a), upon receipt of a petition for interpleader,

“[t]he court shall direct an interpleader if the petition is in conformity with these rules and the allegations thereof are established either by proof or by failure of the plaintiff to file a sufficient answer; ...”

Interpleader is a remedy infrequently sought. Thus, given the paucity of case law in Pennsylvania regarding this remedy, we find it necessary to fully and adequately discuss this procedural device, and the reasons for its existence, in rendering our decision.

In a recent case,- the Pennsylvania Superior Court discussed the procedural remedy of interpleader. See Lewandowski v. Life Insurance Company of North America, 415 Pa. Super. 215, 608 A.2d 1087 (1992).

“An interpleader is the procedural mechanism through which adverse claimants against the money, property [556]*556or debt held by another may be required to litigate their claims in one proceeding ... An interpleader’s purpose is the avoidance of the expense and inconvenience which results from the defense of multiple actions arising out of identical claims of entitlement to a ‘stake’ of money, property or debt. An interpleader may be properly granted under such circumstances to avoid exposing the defendant to ‘the vexation of multiple suits or multiple liability upon the same claim. ’ However, interpleader should be denied where the petitioner has incurred independent liability to either of the claimants....The grant or refusal of... interpleader is an equitable consideration resting within the sound discretion of the trial court and will not be disturbed absent an abuse of such discretion.” (citations omitted) Id. at 218, 608 A.2d at 1089.

It is important to bear in mind that in an interpleader action, “the adverse claimant is not merely one who makes a claim against or adverse to the defendant, but ... [one whose] assertion ... is inconsistent with or adverse to the claim made against the defendant by the plaintiff or plaintiffs in the action.” Genro Inc. v. International Chemical and Nuclear Corporation, 224 Pa. Super. 60, 62 n.1, 302 A.2d 466, 468 n.1 (1973) (quoting 4A R. Anderson, Pennsylvania Civil Practice §2306.4 at 211).

“Interpleader is allowed because a defendant is besieged by several claims, only one of which can be meritorious. If the facts are such that the defendant may be liable to each claimant and that recovery by one claimant will not preclude recovery by the other claimant, no interpleader can be allowed since the object of interpleader is not to protect a defendant against [557]*557separate liability arising out of separate obligations but to protect against vexatious litigation and multiple liability arising out of a common asserted claim of more than one party.” Goodrich-Amram 2d §2303(a):5, at 255 (1992). (emphasis added)

In light of the fact that in a true interpleader situation, only one claim is meritorious,

“[o]bviously, the reason for the existence of this remedy is to prevent a stakeholder from being required to pay more than once, and to let the real contestants, the competing claimants, assert their claims to the fund against each other rather than against the stakeholder. This has been a traditional remedy for many classes of stakeholder.” Luckasevic v. Borough of Charleroi, 50 Wash. C.R. 5, 7 (1969).

In a footnote to the above quote, the court in Luckasevic discussed the classic types of situations in which interpleader should be granted.

“These include cases involving rival claims of a bailor and one who claims in privity of title with him to property held by a bailee; adverse claimants to money on deposit in a bank where the bank is a disinterested stakeholder and has not incurred any independent liability to one of the claimants; rival claims to proceeds of insurance policies; an impartial stakeholder summoned as garnishee in respect of a fund held to which there are other claimants; an owner against a contractor and others claiming a fund due on a building contract; and a tenant against a landlord and others in privity with the landlord.
“The remedy of interpleader has also been sustained in behalf of one liable for wages for the services of a minor, which are claimed both by his mother, who claims that the father has deserted her, and by the father; [558]

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Related

Shellhamer v. Grey
519 A.2d 462 (Supreme Court of Pennsylvania, 1986)
Genro, Inc. v. International Chemical & Nuclear Corp.
302 A.2d 466 (Superior Court of Pennsylvania, 1973)
Lewandowski v. Life Insurance Co. of North America
608 A.2d 1087 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
28 Pa. D. & C.4th 553, 1993 Pa. Dist. & Cnty. Dec. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drobnak-v-mckool-pactcomplsomers-1993.