Polley v. Atlantic Refining Co.
Polley v. Atlantic Refining Co.
Opinion of the Court
Opinion by
On August 5, 1961, Kenneth B. Polley was driving his automobile, with his wife and children as passengers, on Route 22 in Allegheny County when it came
The Atlantic Refining Company (hereinafter referred to as Atlantic) claimed that the collision was due to the negligence of Kenneth Polley and demanded payment of him for the repair bill. Polley’s insurance carrier, the Ohio Casualty Insurance Company, agreed to pay Atlantic $1131.02 in full settlement of all claims it and its driver Robert G. Cochran might have against Kenneth Polley. After some negotiations, including exchange of letters, an agreement was reached between the parties and, on November 13,1961, the Ohio Casualty paid to Atlantic $1131.02. In consideration for this payment, Atlantic turned over to Ohio Casualty, in behalf of Kenneth Polley, a release which reads as follows:
“Release oe All Claims
“Know Ye, that I/We Atlantic Refining Company and Robert Glen Cochran For and in consideration of the sum of One thousand one hundred and thirty-one and 02/100 Dollars ($1131.02 — ) to me/us in hand paid by Kenneth B. Polley the receipt of which is hereby acknowledged, I/We being of lawful age, for myself/ourselves, my/our heirs, administrators, executors, successors and assigns hereby remise, release, acquit and forever discharge the said Kenneth B. Polley, his/her successors and assigns, and/or his, her, their, and each of their associates, heirs, executors and administrators, and any and all other persons, associations and/or corporation, whether herein named or referred to or not, of and from any and every claim, demand, right, or cause of action of whatever kind or nature, either in*552 law or in equity, especially the liability arising from an accident which occurred on or about the fifth day of August, 1961 at or near Carnegie, Penna. for which X/We have claimed the said Kenneth B. Polley to be legally liable, but this release shall not be construed as an admission of such liability.
“In Witness Whereof, I/We have hereunto set my/our hand(s) and seal(s) this 7th day of November, 1961.
Read Carefully Before Signing The Atlantic Refining Company, (Seal) By H. Borton Off, (Seal)
Claim Agent Robert G. Cochran
“Witness E. G. Welsh,
Witness Homer J. Barnes.
State of Pennsylvania )
County of Philadelphia ) ss
It would be difficult to conceive of a durable umbrella with a greater diameter and circumference to protect Kenneth Polley from financial claims rising from the event of August 5, 1961, and falling down upon all parties involved in its tragic periphery, than this release. Nevertheless, when suits
Atlantic cannot assert that its representative did not know what he was signing, or that he was not familiar with the circumstances of the case. Nor can Atlantic assert, with any degree of intellectual confidence, that there was no possibility that a trespass suit would be brought against it because of the disastrous accident of August 5, 1961. Atlantic’s truck had been damaged but the Polley family had lost two lives and three others of the family had sustained serious injuries. It was thus on notice that the Polley family, including Kenneth Polley himself, could sue and, in all probability, would sue for mortal losses they had suffered and physical hurts they had sustained.
It is possible that Atlantic, through its agents, felt secure that it could successfully resist any possible lawsuit brought against it and that, therefore, it was content to receive $1131.02 from Polley, but in any event, it could not have regarded the payment as a gratuity. Polley paid this money to be relieved of all
When an original defendant brings an additional defendant into a lawsuit, his action is not aimed at assisting the plaintiff, but at benefitting himself. His objective is to shift the blame from himself to the additional defendant, or, if they are both liable, to compel contribution from the additional defendant. And this is exactly what Atlantic gave up, namely, the right to make Polley stand beside it in any possible battle with the Polleys. That is why Kenneth Polley paid $1131.02. He paid it, in order, so far as Atlantic was concerned, not to have any further liability of any kind or nature arising out of the happening of August 5, 1961.
The defendant brings into argumentative focus three letters which exchanged between Atlantic and Polley’s insurance carrier, contending that the $1131.02 represented only the cost of the truck repair bill and therefore, could constitute no release from personal injury claims. These three letters antedated the release and therefore must be deemed to have been merged into the release. Thus, they cannot be used to vary the terms of the written release. Moyer v. Independent Oil Co., Inc., 401 Pa. 335. In addition, the letters do not foreclose the conclusion that in consideration of payment of the truck damages, Polley was being released completely in all phases of liability arising from the accident, as specifically and expressly stated in the release. In fact, the letter from Polley’s insurance carrier insisted that the release be signed also by Cochran, who could have had some claim for personal injuries, — and he did sign. Thus, contrary to the defendant’s contention, more than property damage was considered in the pre-release stages.
The Killian decision was not limited to holding that the release barred the defendants merely from making claim for contribution from Wasilky. There, as here, the original defendants claimed that Wasilky’s negligence caused the plaintiff’s injuries. Wasilky relied on the release given him by the original defendants. The lower court, in an opinion, which we affirmed per curiam, stated that the release barred the defendants “from bringing in George Wasilky as an additional defendant when plaintiff commenced her action.” It further said that “no attempt was made to limit the scope of the release to claims and demands of the original defendant.” Thus, the Killian case holds that, because of the language there employed in the release, the original defendants were wholly barred from joining Wasilky as an additional defendant, it not being important whether the joinder was based on the theory of proving sole liability over to the plaintiff or to protect the right of contribution.
Of course, this does not mean that at the trial of the instant case, Atlantic may not introduce evidence
Atlantic may not argue that, by denying it the right to make Kenneth Polley an additional defendant, the plaintiffs suffer a loss. No chain of reasoning could connect the defendant’s objectives with an altruistic interest in the plaintiff’s case. It was within Atlantic’s determination to charge Kenneth Polley with sole or joint responsibility for the accident, but it contracted away that determination by accepting a money consideration from Kenneth Polley. It is too late now for Atlantic to renounce the contract by maintaining that it had an intention other than what it unambiguously expressed in the release which it and Cochrane signed.
The appellant argues that Davis v. Miller, 385 Pa. 318, is authority here, not Killian. In the Davis case, we had before us a release which we stated was “couched in practically the same language as that in the Killian case” and we declared that by such release “he [the original defendant] clearly surrendered any claim he might have had to recover from the additional defendant by way of contribution or otherwise.” However, in Davis, there was an additional fact present which put Killian in abeyance, namely, not only was there a release from the defendant to the additional defendant, but there was in addition a release from the plaintiff to the additional defendant. We expressly stated that this additional fact made Killian inapplicable because the additional defendant had given the plaintiff a release which stated “ ‘That any damages, recoverable by the Undersigned, against or from all the other joint tortfeasors, shall be reduced to the extent of the pro rata share of said damages which the
The defendant argues that somehow the release is not literally enforcible because it spoke in “broad stereotyped language.” But the routineness of the printed form cannot lessen the legal significance of what is therein stated. It carried no handwritten contradictory terms nor was it so long and involved that the novitiate might be lost in labyrinthian passages. Neither were the controlling phrases hidden behind ambiguous verbal bushes, deceiving to the eye.
Atlantic further asserts that it was deceived in that it was not informed that lawsuits were being contemplated against it. As we have already indicated, this was an eventuality which it could have anticipated. Even if future litigation seemed unlikely, it was a possibility which it could have guarded against by an appropriately stated condition in the agreement. Nor
We also dismiss the contention that there was no consideration for Cochran’s signing of the release because the $1131.02 was paid to Atlantic and not to him directly. It was this very payment to Cochran’s employer which constituted consideration for Cochran’s signature because this insulated him from claims against him for the property damage. In addition, the release contained a seal against Cochran’s signature. That the instrument was intended as one under seal is evidenced by the wording: “I/We have hereunto set my/our hand(s) and seal(s) . . .”
Judgment affirmed.
The Wayne County Bank & Trust Company was plaintiff as administrator of the estates of Doris Polley and Sandra Polley, and guardian of Carla Polley and Linda Polley, minors. Kenneth Polley himself was declared incompetent after the accident and suit was entered through a guardian but he was later declared competent and the guardian was removed as a party.
Dissenting Opinion
Dissenting Opinion by
Pa. R. C. P. 2252 provides: “(a) In any action the defendant or any additional defendant may file as of course, a praecipe for a writ, or a complaint, to join as an additional defendant any person not a party to the action who may he alone liable or liable over to him on the cause of action declared upon or jointly or severally liable thereon with him.” (Emphasis supplied). Insofar as the joinder sought by the original defendants is based upon the sole liability of the additional defendant to the plaintiff I fail to see how it violates the release given by the original defendant to the additional defendant of any claims the former may have against the latter. Such a joinder does not constitute a demand or claim by the original defendant against the additional defendant. It merely asserts that the additional defendant is solely liable to the plaintiff on the latter’s cause of action.
Killian v. Catanese, 375 Pa. 593, 101 A. 2d 379 (1954), is not in conflict with my opinion in this case because, as we explained in Davis, supra at p. 350, all that Killian held was that “where the defendant had given a general release of all claims against the additional defendant ... he could not assert any right of contribution against him. . . (Emphasis supplied).
I do not mean to suggest that the original defendant could not have released his right to join the additional defendant on the basis of the latter’s sole lia
Accordingly, I would permit the joinder of the additional defendant for the purpose of proving his sole liability. Therefore, I dissent.
Reference
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- Polley v. Atlantic Refining Co., Appellant
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