Martin v. Donahue

35 Pa. D. & C.4th 464
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedJanuary 2, 1997
Docketno. 91-22176
StatusPublished

This text of 35 Pa. D. & C.4th 464 (Martin v. Donahue) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Donahue, 35 Pa. D. & C.4th 464 (Pa. Super. Ct. 1997).

Opinion

SMYTH, J.,

This is an appeal dated December 16, 1996, from the order of the undersigned on November 27, 1996, as amended by order of court on December 17, 1996, holding that a release signed by the plaintiff does not apply to the defendant in the instant action.

The undersigned certified this issue for appeal by order dated November 27, 1996. For the court’s reasoning regarding the release signed by the plaintiff and its application to the instant matter, the court refers the Superior Court to the memorandum by the court dated November 27, 1996, as amended by order of [466]*466court dated December 17, 1996, a copy of which is attached. [Amendments are included in the following text. Order of December 17, 1996, not reproduced herein.]

For the reasons expressed in the aforementioned memorandum, we respectfully request the Superior Court to affirm the rulings by the court.

MEMORANDUM — NOVEMBER 27, 1996 Facts and Procedure

This matter involves a medical malpractice suit brought by the plaintiff for allegedly receiving negligent medical treatment from the defendant from January 2, 1990, to March 26, 1990, after the plaintiff was injured at work on November 29,1989. Specifically, the matter before the court involves the application to the present medical malpractice action of releases executed on July 22, 1991, in a Chester County workers’ compensation action.

The underlying matter was commenced by summons on November 18, 1991, with the plaintiff filing a complaint on February 27, 1992. On December 14, 1993, defendant filed a motion for partial summary judgment based on the release forms signed by the plaintiff on July 22,1991. On June 6,1994, the Honorable Bernard A. Moore denied defendant’s motion but granted defendant leave to amend. On April 18, 1996, defendant filed a second motion for partial summary judgment which Judge Moore denied on September 3, 1996. On October 3, 1996, Judge Moore denied defendant’s motion to seek certification for interlocutory appeal and granted defendant’s motion to bifurcate the contractual issue of the validity of a release in an underlying claim. A hearing on the release issue was held before the undersigned on October 15, 1996.

[467]*467 Pennsylvania Legal Standards

The Pennsylvania Superior Court has held that “[a] release is interpreted according to general contract principles.” Harrity v. Medical College of Pennsylvania Hospital, 439 Pa. Super. 10, 20, 653 A.2d 5, 10 (1994). In discussing these general contract principles, the Pennsylvania Superior Court held the following:

“When construing agreements involving clear and unambiguous terms, this court need only examine the writing itself to give effect to the parties[’] understanding. McMahon v. McMahon, 417 Pa. Super. 592, 612 A.2d 1360 (1992) (enbanc). The court must construe the contract only as written and may not modify the plain meaning of the words under the guise of interpretation. Trumpp v. Trumpp, 351 Pa. Super. 205, 505 A.2d 601 (1985). When the terms of a written contract are clear, this court will not re-write it to give it a construction in conflict with the accepted and plain meaning of the language used. Litwack v. Litwack, 289 Pa. Super. 405, 433 A.2d 514 (1981).” Acme Markets Inc. v. Federal Armored Express Inc., 437 Pa. Super. 41, 46-47, 648 A.2d 1218, 1220-21 (1994) (quoting Creeks v. Creeks, 422 Pa. Super. 432, 435, 619 A.2d 754, 756 (1993)). The court in Acme Markets continued by noting the following:

“Conversely, when the language is ambiguous and the intention of the parties cannot be reasonably ascertained from the language of the writing alone, the parol evidence rule does not apply to the admission of oral testimony to show both the intent of the parties and the circumstances attending the execution of the contract.” Id. at 47, 653 A.2d at 10.

In Wrenfield Homeowners Association Inc. v. DeYoung, 410 Pa. Super. 621, 600 A.2d 960 (1991), the [468]*468Superior Court noted that, when ascertaining the intention of the parties in construing a release, courts should look to the following standard: “the court may take into consideration the surrounding circumstances, the situation of the parties, the objects they apparently have in view, and the nature of the subject-matter of the agreement____[t]he court will adopt an interpretation that is most reasonable and probable bearing in mind the objects which the parties intended to accomplish through the agreement.” Id. at 627, 600 A.2d at 963. (citations omitted)

Furthermore, a release may contain limiting language which renders the release applicable only to certain parties. Harrity, supra at 21-23, 653 A.2d at 10-12.

Discussion

In the instant case, plaintiffs paid consideration for and executed two release forms.1 They read in relevant part as follows:

“KNOW ALL THESE MEN THAT, JOHN MARTIN for and in consideration of, $36,000 the receipt and sufficiency of which are hereby acknowledged, do/does hereby remise, release, and forever discharge DENNIS SATNICK INC., HEYDT PLASTER & STUCCO INC. together with all persons or entities, both known and unknown, who are or subsequently may be determined to be liable for the claims referred to below..., especially In The matter of Martin v. Heydt Plaster and Stucco Inc., Chester County Court of Common Pleas, no. 91-[469]*46901797.” Release Form of July 22,1996. (emphasis added)

“Know all Men by these Presents that John Martin for and in consideration of the sum of $15,000 do hereby remise, release, and forever discharge Mark Heydt, Fran Heydt and Heydt Plaster & Stucco Inc. . . . from any civil cause of action... arising from an alleged incident occurring on 11/29/89 and most especially from civil action no. 91-01797, Chester County Court of Common Pleas.” Release Form of July 22, 1996. (emphasis added)

Both releases contain limiting language, of the type discussed in Harrity,2 which restricts the application [470]*470of both releases to the cause of action brought in the Chester County Court of Common Pleas. The first release notes that it applies “especially In The matter of Martin v. Heydt Plaster and Stucco Inc., Chester County Court of Common Pleas, no. 91-01797,” and the second release specifies a discharge from liability “most especially from civil action no. 91-01797, Chester County Court of Common Pleas.” This language limits the application of the releases to the Chester County Court of Common Pleas action.

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Related

Acme Markets, Inc. v. Federal Armored Express, Inc.
648 A.2d 1218 (Superior Court of Pennsylvania, 1994)
Wrenfield Homeowners Ass'n v. DeYoung
600 A.2d 960 (Superior Court of Pennsylvania, 1991)
Harrity v. Medical College of Pennsylvania Hospital
653 A.2d 5 (Superior Court of Pennsylvania, 1994)
McMahon v. McMahon
612 A.2d 1360 (Superior Court of Pennsylvania, 1992)
Creeks v. Creeks
619 A.2d 754 (Superior Court of Pennsylvania, 1993)
Litwack v. Litwack
433 A.2d 514 (Superior Court of Pennsylvania, 1981)
Trumpp v. Trumpp
505 A.2d 601 (Supreme Court of Pennsylvania, 1985)

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Bluebook (online)
35 Pa. D. & C.4th 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-donahue-pactcomplmontgo-1997.