No. 02485 Philadelphia 1983, No. 02522 Philadelphia 1983, No. 02523 Philadelphia 1983, APPEAL FROM THE ORDERS ENTERED SEPTEMBER 6, 1983 IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, CIVIL NO. 1981-C-10368
Barbara L. Hollenbach, Bethlehem, for Muhlenberg, appellant (at 2485) and appellee (at 2522 and 2523).
Mark H. Scoblionko, Allentown, for Nabati, appellant (at 2522) and appellee (at 2485 and 2523).
William P. Leeson, Bethlehem, for Strauch, appellee.
JoAnne Kelhart, Easton, for Harka, appellee.
Cavanaugh, Cirillo and Johnson, JJ.
[ 337 Pa. Super. Page 620]
This is an appeal from an order of the Court of Common Pleas of Northampton County, which granted appellees' motion for summary judgment. We affirm.
On April 19, 1980, Loretta Lauer was walking along a road when she was struck by a roll of chainlink fencing that fell from a vehicle operated by appellee William Strauch. Lauer was taken to the emergency room of Muhlenberg Medical Center. She died shortly thereafter.
Nancy Harka, administratrix of Lauer's estate, instituted two wrongful death and survival actions. The first action named Strauch and appellee Roger Faust as defendants. The complaint alleged that Strauch and Faust negligently loaded and secured to the vehicle the fence that struck decedent. Appellants Ismail Nabati, M.D., Douglas Stutzman, M.D., and Muhlenberg Medical Center were joined as additional defendants. A second action was subsequently instituted against the doctors and the hospital, who in turn joined Strauch and Faust as additional defendants.
In the first action, Harka entered into a settlement agreement with Strauch and Faust. In consideration for a release from all liability arising from the accident, Strauch and Faust paid Harka $100,000. The agreement specifically recited that the release was not intended to release the doctors or the hospital in the second action.
On the basis of the release, Strauch and Faust moved for summary judgment in the second action. The Honorable Alfred T. Williams, Jr. granted the motion, and held that Strauch and Faust, and the doctors and the hospital were not joint tortfeasors. Therefore, there was no right of contribution among the parties. The doctors and the hospital have appealed this order.
Appellants frame the first issue for ...