Opinion

Bowman v. Sunoco, Inc.

  • 620 Pa. 28
  • 65 A.3d 901
  • 2013 Pa. LEXIS 796
  • 2013 WL 1767731
Court
Supreme Court of Pennsylvania
Filed
Apr 25, 2013
Status
Published
Author
Saylor
On the bench
Baer, Castille, Eakin, McCaffery, Melvin, Saylor, Todd
Cited by
38 cases
Authority
More cited than 19.7%

recognizing “[a] long line of Pennsylvania cases has held that a release covers only those matters which may be fairly said to have been within the contemplation of the parties when the release was given.”

How later courts described this case

  • recognizing “[a] long line of Pennsylvania cases has held that a release covers only those matters which may be fairly said to have been within the contemplation of the parties when the release was given.”
  • finding no merit in the appellant’s argument that a release was against contract law where it barred actions that could only occur in the future

Written by the judges who cited it.

The opinion

CONCURRING OPINION

Justice SAYLOR.

I join the majority opinion, subject to a modest reservation pertaining to the use of terminology invoking the concept of “double recovery” with regard to subrogation. See Majority Opinion, at 908-09 (citing Brubacher Excavating, Inc. v. WCAB (Bridges), 575 Pa. 168, 174 , 835 A.2d 1273, 1277 (2003)). Although such terminology has been advanced by this Court in discussing an employer’s right of subrogation, I remain circumspect about its use in the workers’ compensation arena since the benefits involved are partial and discounted, see DPW v. WCAB (Harvey), 605 Pa. 636 , 654 n. 16, 993 A.2d 270 , 281 n. 16 (2010), and even where an injured employ *911 ee is able to recover in tort against a third party, such recovery may be substantially diminished via litigation costs and compromise settlements.

Justice McCAFFERY joins this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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