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KENT v. FAIR (04/21/58)

April 21, 1958

KENT
v.
FAIR, APPELLANT.



Appeal, No. 39, March T., 1958, from judgment of Court of Common Pleas of Allegheny County, April T., 1955, No. 3298, in case of Shirley Mae Kent, a minor, et al. v. Bert C. Fair and Anthony Moffa. Judgment reversed.

COUNSEL

David B. Fawcett, Jr., with him Randall J. McConnell, Jr., Hamilton A. Robinson, and Dickie, McCamey, Chilcote & Robinson, for appellant.

Thomas D. Thomson, with him James P. McArdle, and Pringle, Bredin & Martin, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Musmanno

[ 392 Pa. Page 273]

OPINION BY MR. JUSTICE MUSMANNO

On July 11, 1953, a car being driven by Anthony Moffa and one being driven by Bert C. Fair collided, causing injuries to Shirley Mae Kent, and 18-year old girl, who was riding in Moffa's car. On October 19, 1954, Anthony Moffa and his wife, Grace Moffa, paid to Bert C. Fair and his wife, Hilda Fair, the sum of $951.10, and received from the Fairs a release which will hereinafter be quoted.

On March 30, 1955, Shirley Mae Kent, through her parents and her parents in their own right, brought an action in trespass against Bert Fair for the injuries she sustained in the collision of July 11, 1953. On May 15, 1955, Bert Fair filed a complaint to join Anthony Moffa as an additional defendant. On August 8, 1955, Moffa answered, denying any liability for the accident and adding as new natter an averment that

[ 392 Pa. Page 274]

    he had paid Fair the sum of $951.10 in settlement of all claims the Fairs could have had against him.

On August 29, 1956, Moffa moved for judgment on the pleadings, and on July 5, 1957, the Court of Common Pleas of Allegheny County granted the motion, entering judgment for the additional defendant on October 16, 1957. The original defendant, Bert Fair, has appealed.

Did the release signed by Fair, the original defendant, on October 19, 1954, discharge Moffa, the additional defendant from liability and bar Fair from joining Moffa as an ...


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