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JANE A. SOXMAN AND JOHN F. BUZZATTO v. JAMES L. GOODGE (02/16/88)

filed: February 16, 1988.

JANE A. SOXMAN AND JOHN F. BUZZATTO, HER HUSBAND,
v.
JAMES L. GOODGE, D.C., AND D.L. RANDOUR, D.C. EACH INDIVIDUALLY AND TRADING AND DOING BUSINESS AS RANDOUR'S CHIROPRACTIC CLINIC, A PARTNERSHIP RANDOUR'S CHIROPRACTIC CLINIC AND DANIEL VOSEL, D.C., AN INDIVIDUAL. APPEAL OF JAMES L. GOODGE, D.C. AND D.L. RANDOUR, D.C., EACH INDIVIDUALLY AND TRADING AS RANDOUR'S CHIROPRACTIC CLINIC, A PARTNERSHIP RANDOUR'S CHIROPRACTIC CLINIC



Appeal from the Order entered December 19, 1986 in the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. 85-14747.

COUNSEL

John W. Jordan, IV, Pittsburgh, for appellants.

Keithley D. Mulvihill, Pittsburgh, for appellees.

Brosky, Del Sole and Hoffman, JJ.

Author: Hoffman

[ 372 Pa. Super. Page 344]

This is an appeal from the order of the lower court granting in part and denying in part appellants' motion for leave to file an amended answer. Appellants contend that the lower court erred in concluding that the execution of releases by appellees did not present a viable defense for appellants. For the reasons that follow, we affirm the order of the trial court.

From August 1983 to April 1984, appellee Jane Soxman was treated for cochlear hydrops, a condition of the inner ear, at appellant Randour Chiropractic Clinic. Having developed back problems, Soxman discontinued chiropractic treatment in April 1984 and began treatment by a medical doctor. In June 1984, Soxman obtained her X-rays from Randour Clinic. In exchange, Soxman was required to execute the following release:

[ 372 Pa. Super. Page 345]

GENERAL RELEASE

Date June 22, 1984

Carnegie, PA

(City and State)

KNOW ALL MEN BY THESE PRESENTS: That I, Jane Soxman have requested the release of X-rays which are a part of the office records of James L. Goodge, III, D.C., relating to my case, and I hereby acknowledge receipt of these X-ray films. In consideration of the foregoing, I hereby release and forever discharge the aforesaid James L. Goodge, III, D.C., from any and all responsibility or liability of any kind, nature or character ...


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