# Bowman v. Sunoco, Inc.

> Supreme Court of Pennsylvania · April 25, 2013 · 620 Pa. 28

URL: https://www.frixlaw.com/law-library/cases/4967113

## Case

- **Full name:** Sabrina BOWMAN v. SUNOCO, INC.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 25, 2013
- **Citations:** 620 Pa. 28; 65 A.3d 901; 2013 Pa. LEXIS 796; 2013 WL 1767731
- **Precedential status:** Published
- **Opinion:** Concurrence by Saylor
- **Judges:** Baer, Castille, Eakin, McCaffery, Melvin, Saylor, Todd
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4967113

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4967113. Public record. Not legal advice.