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JOHN E. VOYLES v. DOUGLAS T. CORWIN (02/05/82)

filed: February 5, 1982.

JOHN E. VOYLES
v.
DOUGLAS T. CORWIN, M.D. V. DR. M. KROSNOFF, M.D., DORIS WALKER AND GLENN D. HISRICH, M.D. APPEAL OF DOUGLAS T. CORWIN, M.D. AT NO. 381 PITTSBURGH, 1980; APPEAL OF GLENN D. HISRICH, M.D. AT NO. 399 PITTSBURGH, 1980; APPEAL OF M. KROSNOFF, M.D. AT NO. 400 PITTSBURGH, 1980; JOHN E. VOYLES V. GLENN D. HISRICH, M.D., APPELLANT



No. 381 Pittsburgh, 1980, No. 399 Pittsburgh, 1980, No. 400 Pittsburgh, 1980, No. 398 Pittsburgh, 1980, Appeals from the Order of the Court of Common Pleas, Civil Division of Washington County, at Nos. 130 and 131 June Term 1977.

COUNSEL

Deborah A. DeAugustino, Pittsburgh, for Corwin, appellant (at No. 381), appellee (at Nos. 399 & 400) and participating party (at No. 398).

Mark T. Wade, Washington, for Voyles, appellee.

William D. Phillips, Washington, for Krosnoff, appellant (at No. 400), and appellee (at Nos. 381 & 399).

Robert C. Little, Pittsburgh, for Hisrich, appellant (at Nos. 398 & 399) and appellee (at Nos. 381 & 400).

Spaeth, Shertz and Montgomery, JJ. Shertz, J., did not participate in the decision of this case.

Author: Spaeth

[ 295 Pa. Super. Page 128]

This case involves two separate actions to recover damages for personal injuries. In both actions one of the additional defendants moved for summary judgment. The lower court granted the motions on the ground that in both actions the plaintiff had, incident to a settlement, released the additional defendant. The defendants and other additional defendants have appealed, claiming that they are entitled to have the released additional defendant kept in as a party. This claim is without merit, for the released additional defendant was not a joint tortfeasor with the defendants and other additional defendants.*fn1 We therefore affirm.

On June 14, 1975, John E. Voyles sustained severe injuries to his left leg when his motorcycle collided with an automobile driven by Doris Louise Walker. He was immediately taken to Washington Hospital, in Washington County, where he was treated by Dr. Glenn D. Hisrich, Dr. Douglas T. Corwin, and Dr. M. Krosnoff. The next day Voyles was moved to Montefiore Hospital, in Pittsburgh, where he was treated by other physicians.

While in Montefiore Hospital, Voyles settled his claim against Walker. Incident to this settlement, he signed a release as follows:

RELEASE

Received of Weir Walker (Doris Louise Walker -- driver) this 10 day of October, 1975, the sum of fifty thousand and 00/100 dollars ($50,000), in full satisfaction and extinguishment of all claims, including claims for contribution and/or indemnity, and causes of action arising out of any damage or loss, direct or ...


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