Smithgall v. PennDOT

33 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 162
CourtPennsylvania Court of Common Pleas, Cumberland County
DecidedMarch 1, 1996
Docketno. 95-2734 Civil Term
StatusPublished

This text of 33 Pa. D. & C.4th 199 (Smithgall v. PennDOT) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smithgall v. PennDOT, 33 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 162 (Pa. Super. Ct. 1996).

Opinion

SHEELY, P.J.,

The underlying cause of action of the case before us concerns a fatal vehicular accident which occurred on Route 81 in Carlisle, Pennsylvania. Plaintiffs are the adult children of the couple killed in the accident. They have moved for judgment on the pleadings to dismiss additional defendants Kevin L. Knowland operator of the tractor-trailer that collided into the decedents’ vehicle, and Knowland’s employer, J.B. Hunt Transport Inc. The basis for plaintiffs’ request is a release executed between plaintiffs, and J.B. Hunt and Knowland. The release specifically acknowledges that Knowland was a joint tort-feasor whose negligence was a substantial factor in causing the deaths of plaintiffs’ decedents, and that Hunt was responsible for Knowland’s conduct. The Commonwealth of Pennsylvania, Department of Transportation, PennDOT, the original defendant, opposes plaintiffs’ motion. We heard argument on December 6, 1995.

FACTS AND PROCEDURAL HISTORY

On May 19, 1995, plaintiffs filed a complaint against PennDOT, alleging the wrongful death of their parents, James L. Smithgall and Shirley A. Smithgall, who were killed in a vehicular accident on Interstate 81. Plaintiffs’ complaint avers the following: On October 19, 1993, at approximately 5:20 p.m., the Smithgalls were traveling north on Route 81 in Cumberland County when [201]*201they were required to stop at a construction area.1 While the Smithgalls were waiting at the end of a traffic queue, a tractor-trailer owned by J.B. Hunt and operated by Knowland failed to stop and collided into the rear of the Smithgall vehicle.2 James and Shirley Smithgall died as the result of the injuries they sustained in the collision.3 Plaintiffs contend, among other things, that PennDOT did not place or require sufficient traffic control devices to warn drivers of the presence of a traffic queue at a location where traffic is expected to be traveling at least 55 miles per hour.4 Plaintiffs maintain that PennDOT’s alleged negligence was a substantial factor in causing their parents’ deaths.5

On July 26, 1995, PennDOT filed a complaint to join J.B. Hunt and Knowland as additional defendants, claiming that J.B. Hunt was vicariously responsible for Knowland’s alleged negligence in the operation of his tractor-trailer.6 PennDOT further averred that Knowland and J.B. Hunt were to be joined in this action to protect PennDOT’s right of contribution.7 PennDOT then filed an answer and new matter to plaintiffs’ complaint on August 25,1995, denying its negligence and reasserting the negligence of Knowland and J.B. Hunt as the cause of plaintiffs’ losses and injuries.8 Furthermore, Penn-[202]*202DOT discovered that plaintiffs settled with Knowland and Hunt9 and alleged that an admission contained in the release10 fully extinguishes any liability of PennDOT.11 Plaintiffs filed a reply to PennDOT’s new matter on September 12, 1995, admitting the existence of the release but denying that this admission creates sole liability in Knowland and Hunt and further denying that the admission creates an assumption of a substantial percentage of liability under the Comparative Negligence Act.12

On September 29, 1995, Knowland and Hunt answered PennDOT’s complaint to join them as additional parties, contending that any alleged injuries suffered by plaintiffs were caused by PennDOT and additional defendant New Enterprise.13 On October 16,1995, plaintiffs filed a motion requesting dismissal of defendants Knowland and J.B. Hunt, or in the alternative, to relieve them of any responsibility to defend or participate in this action; Knowland and Hunt provided notice of concurrence with plaintiffs’ motion. It is this motion that is before the court for disposition.

[203]*203DISCUSSION

In determining whether to grant a motion for judgment on the pleadings, a trial court must accept as true all well pleaded statements of fact, admissions, and any documents properly attached to the pleadings presented by the party against whom the motion is filed. McAllister v. Millville Mutual Insurance Co., 433 Pa. Super. 330, 334, 640 A.2d 1283, 1285 (1994). We may grant judgment on the pleadings only where the moving party’s right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise. Id. A court should grant a motion for judgment on the pleadings where the pleadings demonstrate that no genuine issue of fact exists, and the moving party is entitled to judgment as a matter of law. Id.

Plaintiffs contend that the release executed between themselves and additional defendants Knowland and J.B. Hunt obviates the need for the latter to participate in the trial. The release not only acknowledges that Knowland (and therefore J.B. Hunt) was a joint tort-feasor whose negligence was a substantial factor in causing the accident, but requires “a reduction in any judgment obtained by plaintiffs against PennDOT or New Enterprise by the amount of Knowland’s and Hunt’s percentage share of fault/liability, or their pro rata share of responsibility for any verdict or judgment if applicable under the circumstances.” 14 Plaintiffs submit that the settlement agreement is a “Griffin” release stemming from the Third Circuit’s decision in Griffin v. United States, 500 F.2d 1059 (3d Cir. 1974).

In Griffin, two actions were instituted in federal court regarding Mary Griffin’s alleged ingestion of a live-virus [204]*204polio vaccine. Plaintiffs’ action against Charles Pfizer & Co., the manufacturer of the vaccine, settled pursuant to a release, but the other case filed against the United States government led to a verdict in favor of plaintiffs. Because the government did not join Pfizer as an additional party, the district court held that the agreement between the Griffins and Pfizer reducing any judgment rendered against other alleged joint tort-feasors by Pfizer’s pro rata share was therefore invalid. The government appealed and the Third Circuit reversed, holding that although the government never joined Pfizer as an additional defendant, the Griffins had conceded the joint tort-feasor status of Pfizer by the terms of the release; the Griffins, therefore, waived the benefits provided by the holding of the Pennsylvania Supreme Court in Davis v. Miller, 385 Pa. 348, 123 A.2d 422 (1956) (requiring that additional defendant Miller, relieved of liability by a release, remain in the action to determine her status as joint tort-feasor), (emphasis added)

In the present case, the status of Knowland as joint tort-feasor is established by the release that additional defendants executed with plaintiffs.15 Knowland and J.B. Hunt have admitted liability and that any judgment against PennDOT and/or New Enterprise will be reduced according to Knowland and J.B. Hunt’s adjudged liability.

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Davis v. Miller
123 A.2d 422 (Supreme Court of Pennsylvania, 1956)
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Cite This Page — Counsel Stack

Bluebook (online)
33 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smithgall-v-penndot-pactcomplcumber-1996.