Kaiser v. 191 Presidential Corp.

454 A.2d 141, 308 Pa. Super. 301, 1982 Pa. Super. LEXIS 5923
CourtSuperior Court of Pennsylvania
DecidedDecember 10, 1982
Docket2405 and 2406
StatusPublished
Cited by8 cases

This text of 454 A.2d 141 (Kaiser v. 191 Presidential Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaiser v. 191 Presidential Corp., 454 A.2d 141, 308 Pa. Super. 301, 1982 Pa. Super. LEXIS 5923 (Pa. Ct. App. 1982).

Opinions

MONTEMURO, Judge:

This is an appeal from an order of judgment entered by the Honorable Matthew W. Bullock, Jr., of the Court of Common Pleas of Philadelphia County, arising from a negligence action tried before a jury from June 6, 1980 through June 11, 1980.

The posture of the case below involved a cause of action filed by David and Sylvia Kaiser (h/w) against 191 Presidential Corporation1 and Zev’s Garage, Inc. (hereinafter Zev’s) for personal injuries sustained by David Kaiser when he slipped and fell on an oil spot within the parking garage. [304]*304Zev’s joined Sam Penny (hereinafter Penny) as an additional defendant alleging that oil leaking from Penny’s car, onto the garage floor, caused Kaiser’s injuries.

The case proceeded to trial. Before closing arguments were made to the jury, Zev’s entered into a settlement agreement with the Kaisers in the amount of $7,500.00. Subsequently, the jury rendered a verdict allocating the percentage of fault by each party under the Comparative Negligence Law2 and awarded $9,391.00 to David Kaiser and $1,000.00 to Sylvia Kaiser.3 In its trial worksheet,4 the court molded the verdict to properly allocate the percentages of liability and indicated that it would, at a later date, further mold the verdict to include delay damages. However, before the court had the opportunity to add on the delay damages, Penny also settled with the Kaisers in the amount of $8,712.50. On July 2, 1980, the Kaisers filed an order to mark the case as settled, discontinued and ended.

On September 23, 1980, the trial court entered this order, specifically providing that:

1. Judgment is entered on behalf of plaintiffs, David Kaiser and Sylvia Kaiser, against defendant, Zev’s Garage, Inc., in the sum of Seventy-Five Hundred Dollars ($7,500.00), pursuant to the settlement entered into before the Court.
2. Judgment is entered on behalf of plaintiff, David Kaiser, against defendant, Sam Penny, in the sum of Seventy-Eight Hundred Seventy-Four Dollars and Thirty-One Cents ($7,874.31) (which figure includes Three Hundred, Sixty-One Dollars and Fifty-One Cents ($361.51) [305]*305delay damages) and on behalf of plaintiff, Sylvia Kaiser, against defendant, Sam Penny, in the sum of Eight Hundred Thirty-Eight Dollars and Forty-Nine Cents ($838.49) (which figure includes Thirty-Eight Dollars and Forty-Nine Cents ($38.49) delay damages).
3. Judgment, by way of contribution is entered on behalf of defendant, Zev’s Garage, Inc., against defendant, Sam Penny, in the sum of Sixty-Four Hundred Sixty Dollars and Ninety Cents ($6,460.90).
4. Judgment is entered on behalf of defendant, Sam Penny, against plaintiffs in the sum of Sixty-Four Hundred Sixty Dollars and Ninety Cents ($6,460.90).
The usual post-trial motions, including exceptions to this order, may be filed within twenty (20) days hereof.

The rationale for the entry of this order was explained by the trial court as follows:

In argument before the Court, the plaintiffs made their position clear: they wished to retain the $8,712.80 paid by Penny and then to sue and recover $7,500 from Zev.[5] By so doing, they would ultimately recover $16,212.80 rather than the $10,391.00 awarded by the jury. For this reason, the plaintiffs were willing to mark the present case settled, discontinued and ended. They contend that the Court should respect their termination of the case. The Court, however, has not concurred with the plaintiffs’ position basically because we believe it is our responsibility, in the cause of judicial economy, to resolve all the issues presented by this court and not permit the case to spawn additional litigation. The plaintiffs have already expressed their desire to sue Zev on the $7,500 settlement. In our view, they should be successful in such a suit. In such a case, we believe Zev would have a right to sue Penny for contribution. If Penny had to make contribution to Zev, then Penny arguably would have a right to [306]*306such reimbursement from the plaintiffs for money mistakenly paid.

The Kaisers and Penny have cross-appealed to this court from paragraphs three (3) and four (4) in the above order, respectively. Zev’s did not join this appeal.

Appellants contend that the order of judgment is a nullity in that the trial court could not, sua sponte, ignore settlement agreements entered into by the parties and rearrange amounts recoverable thereunder, to conform in effect, to the jury’s verdict. The court accomplished this task, on its own motion, by exercising certain parties’ rights to contribution and by correcting what it believed to be a mutual mistake of law concerning payments made under the settlement agreements. Appellants contend that the trial court was without subject matter jurisdiction to enter the order. For the reasons set forth below, we agree with the appellants and vacate the order of judgment.

Initially, we must discuss the appealability of the order entered by the trial court. The following facts will serve to illustrate that this appeal has given us the opportunity to observe a procedural quagmire.

The trial court entered its order on September 23, 1980 and provided for the filing of exceptions within twenty (20) days. Twenty-two (22) days later, on October 15, 1980, Penny filed exceptions. Neither Zev’s nor the Kaisers did so. Before the trial court ruled on Penny’s exceptions, both Penny and the Kaisers, on October 20, 1980 filed this cross-appeal. On November 28, 1980, the court entered an order denying Penny’s exceptions. This order, entered subsequent to the filing of this appeal, is a nullity. Pa.R.A.P. 1701(a); Yeager v. Long, 284 Pa.Super. 76, 425 A.2d 426 (1980). The question then is whether or not the order of September 23, 1980 is properly before us at this time.

It has been held that:

Parties to an action may compromise a pending legal claim by entering into a valid contract of settlement. Where such an agreement accompanies a discontinuance, [307]*307the claim is forever barred and a new action cannot thereon be maintained. Sale v. Amber et al., 335 Pa. 165, 168-169, 6 A. 519 (1939). In essence the entry of an order to settle, discontinue, and end a proceeding has “the same effect as the entry of a judgment ” in any legal proceeding. Sustrik v. J. & L. Steel Corp., 413 Pa. 324, 326-327, 197 A.2d 44 (1964). All parties who sign such an order to settle, discontinue and end forever renounce their claims arising out of said action. Baumgartner v. Whinney, 156 Pa.Super. 167, 39 A.2d 738 (1944), as if the matter had been fully litigated. (Emphasis added)

Barson’s and Overbrook, Inc., v. Arce Sales Corp., 227 Pa.Super. 309, 312, 324 A.2d 467, 468 (1974).

It is well settled that an appeal will lie only from a final order, decree, or judgment unless otherwise permitted by statute.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Khalil, A. v. Travelers Indemnity Company
2022 Pa. Super. 68 (Superior Court of Pennsylvania, 2022)
M. Hogan v. Lower Bucks County Joint Municipal Authority
Commonwealth Court of Pennsylvania, 2015
Ostrowski v. Pethick
590 A.2d 1290 (Superior Court of Pennsylvania, 1991)
Reading Anthracite Co. v. Rich
577 A.2d 881 (Supreme Court of Pennsylvania, 1990)
In Re Estate of Wood
513 A.2d 993 (Supreme Court of Pennsylvania, 1986)
Kaiser v. 191 Presidential Corp.
454 A.2d 141 (Superior Court of Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
454 A.2d 141, 308 Pa. Super. 301, 1982 Pa. Super. LEXIS 5923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaiser-v-191-presidential-corp-pasuperct-1982.