Holland v. McArdle

9 Pa. D. & C.2d 165, 1957 Pa. Dist. & Cnty. Dec. LEXIS 226
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJanuary 3, 1957
Docketno. 2840
StatusPublished
Cited by1 cases

This text of 9 Pa. D. & C.2d 165 (Holland v. McArdle) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. McArdle, 9 Pa. D. & C.2d 165, 1957 Pa. Dist. & Cnty. Dec. LEXIS 226 (Pa. Super. Ct. 1957).

Opinion

Soffel, J.,

Joan Holland brought suit in trespass against F. J. McArdle to recover damages for injuries sustained while riding as a passenger in his automobile. Defendant brought Robert Leary upon the record as additional defendant. The accident happened on May 13, 1953, on Bigelow Boulevard, Pittsburgh, just south of its intersection with Forbes Street. Dr. McArdle was driving in a southerly direction on Bigelow Boulevard, had crossed Forbes Street, when his automobile came into collision with a car owned and operated by Robert Leary as it backed out of a parked position in an area designated as the Schenley Plaza. The accident occurred about 2:30 p.m.

The jury returned the following verdict:

“And now, to wit, September 19th, 1956, we the jurors impaneled in the above entitled case find both defendants guilty of negligence,” which the court molded to read:

“And now, to wit, September 19th, 1956, we the jurors impaneled in the above entitled case find both defendants guilty of negligence. We find a verdict in favor of the defendants, to wit, as follows: A verdict in favor of the additional defendant, Robert Leary, by direction of the court and a verdict in favor of the defendant, F. J. McArdle.”

On June 13, 1956, in consideration of the payment of $500, plaintiff executed and gave defendant, Robert Leary, the following release:

“RELEASE OF ALL CLAIMS

[167]*167“Por and in consideration of the payment to me/us of the sum of Five Hundred and 00/100 Dollars ($500.00), by Robert W. Leary, I/we, being of lawful age, have released and discharged, and by this release do for myself/ourselves, my/our heirs, executors, administrators and assigns, release and discharge the said Robert W. Leary and any and all other persons and entities (whether herein named or not) who may be jointly or severally liable in tort for all known or unknown personal injuries and death and property damage in any way growing out of or resulting from or to result from an accident which occurred on or about the 20th day of May, 1953, at or near Bigelow Blvd., Pittsburgh, Pa.

“The payment made to me/us is upon my/our warranty that I/we have not received heretofore any consideration whatever for, nor have I/we released heretofore any person, firm or corporation from, any claim or liability for any injuries to person or property arising from said accident, and I/we agree to hold harmless and indemnify the said Robert W. Leary from any loss, claim, liability, cost or expense growing out of any claim against them or either of them for contribution by any alleged joint tortfeasor under any applicable Contribution Among Tortfeasors Act.”

This case is now before the court on plaintiff’s motion for a new trial, which sets forth these reasons:

The verdict is against the law.

The verdict is against the evidence.

The verdict is against weight of evidence.

The court erred in charging jury that plaintiff could not recover in event jury found a verdict of joint negligence against defendants.

The court erred in conforming the jury’s verdict to show a verdict in favor of original defendant, F. J. McArdle.

The court erred in finding as matter of law that if [168]*168the jury found a joint verdict against both defendants that the release executed by plaintiff to additional defendant, Robert Leary, operated to release original defendant, F. J. McArdle.

The sole question presented on argument is whether plaintiff, in releasing Robert W. Leary, also released defendant, F. J. McArdle. The court held as a matter of law that the release inured to the benefit of Dr. McArdle if the jury found him “to be jointly or severally liable” with Leary.

In submitting the case to the jury, the trial judge requested the jury to make specific findings of fact:

“REQUEST FOR FINDINGS OF FACT

“Members of the Jury:

“You are requested by the court to make the following findings of fact:

“1. Was the proximate cause of this accident the negligence of one or the other defendant or of both defendants?

“Answer: Both defendants.

“2. Was this accident caused by the joint negligence of both defendants?

“Answer: Yes.

“3. Was this accident caused solely by the negligence

“(a) of Dr. McArdle?

“Answer: No:

“(b) of Mr. Leary?

“Answer: No.”

In the charge to the jury, the trial judge instructed the jury as follows:

“Now this release contains certain other language which may or may not become material in this case. This paper goes on to release not only Mr. Leary but any and all other persons who may be jointly or severally liable in tort for this accident.

[169]*169“Now what does that language mean? The court interprets it to mean this:

“If this jury finds as a fact that the accident was caused by the joint negligence of Leary and McArdle under the terms of the release, the jury must also return a verdict in favor of McArdle. I have prepared a request for this jury to make certain specific findings of fact. I am asking you to state:

“1. Was the proximate cause of this accident the negligence of one defendant or both defendants?

“2. Was this accident caused by the joint negligence of both defendants?

“3. Was this accident caused solely by the negligence (a) of Dr. McArdle or (b) of Mr. Leary?

“Now these findings of fact become important. The court believes that under the law in this case, the plaintiff cannot recover a verdict against Dr. McArdle unless the jury finds affirmatively that his negligence was the sole cause of the accident. The burden of proof is upon the plaintiff to satisfy the jury by the fair weight or preponderance of the evidence that this accident was caused solely by the negligence of Dr. Mc-Ardle. Only thus can the plaintiff recover.”

Counsel for plaintiff excepts to this statement and argues that the court interpreted the release contrary to law.

The court also directed the jury to return a verdict in favor of additional defendant, Leary, because plaintiff had released him from any and all claims arising out of this accident. While agreeing that the release operated in favor of Robert W. Leary, counsel for plaintiff denies its application to defendant, Dr. Mc-Ardle.

In Daugherty v. Hershberger, 386 Pa. 367, 374 (1956), Chief Justice Stern, in commenting on the law relating to joint tortfeasors said:

“At common law an injured party could have for the [170]*170same injury but one satisfaction, and the receipt of such satisfaction, as consideration for a release executed by him from a person liable for such injury, necessarily worked a release of all others liable for the same injury even though it was intended, or the release expressly stipulated, that the other wrongdoers should not thereby be released.”

This was changed by the Uniform Contribution Among Tortfeasors Act of July 19, 1951, P. L. 1130, sec. 4, 12 PS §2085, which provides inter alia as follows:

“A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides . . .”

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Cite This Page — Counsel Stack

Bluebook (online)
9 Pa. D. & C.2d 165, 1957 Pa. Dist. & Cnty. Dec. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-mcardle-pactcomplallegh-1957.