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MARJORIE AND MARK BROSIUS v. LEWISBURG CRAFT FAIR (04/17/89)

filed: April 17, 1989.

MARJORIE AND MARK BROSIUS, APPELLANTS,
v.
LEWISBURG CRAFT FAIR, LEWISBURG ARMORY BOARD, AND THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, APPELLEES, V. ADA BOWER AND JAMES R. CARR, APPELLEES



Appeal from Order of the Court of Common Pleas, Civil Division, of Union County, No. 437, 1986.

COUNSEL

David L. Lutz, Harrisburg, for appellants.

Robert J. Menapace, Assistant District Attorney, Sunburg, for Lewisburg Craft Fair, appellee.

John Havas, Harrisburg, for Lewisburg Armory Bd., appellee.

Michael F. Cosgrove, Scranton, for Bower, appellee.

Gary Weber, Williamsport, for Carr, appellee.

Wieand, Olszewski and Tamilia, JJ.

Author: Wieand

[ 383 Pa. Super. Page 455]

In this action to recover damages for personal injuries sustained in a vehicular accident, the trial court entered judgment on the pleadings in favor of all defendants after plaintiff and her husband had admitted signing a general release. The plaintiffs appealed. We affirm.

Marjorie Brosius, while crossing a highway en route to the Lewisburg Craft Fair, was struck and injured by a vehicle operated by Robert Carr. The Carr vehicle was insured under a policy of automobile insurance which contained a liability limit of twenty-five thousand ($25,000.00) dollars. This sum was paid to Mrs. Brosius and her husband, Mark, who executed in exchange therefor a general release. The release contained language which released all claims arising from the accident against "any and all other persons, firms, corporations, associations, both known and unknown, whether herein named or referred to or not."

Alleging medical bills in excess of one hundred thousand ($100,000.00) dollars, Mrs. Brosius and her husband subsequently commenced an action against Lewisburg Craft Fair, Inc., Lewisburg Armory Board, an alleged lessor of the

[ 383 Pa. Super. Page 456]

    premises on which the fair had been conducted, and the Commonwealth of Pennsylvania, Department of General Services. These defendants joined Ada Bower, who had been walking with Mrs. Brosius at the time of the accident, and Robert Carr, the driver of the offending vehicle, as additional defendants. Carr pleaded, by way of defense, the release which had been executed by Mrs. Brosius and her husband. In a reply thereto, the plaintiffs admitted the release. They did not allege that it had been obtained as a result of fraud, duress, or ...


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