Bartrand v. Chesapeake & Ohio Railway Co.

Defendant appeals from an order of the trial court which denied defendant’s motion for accelerated judgment and reformed a release which purported to relieve defendant of liability into a covenant not to sue an alleged tortfeasor other than defendant.

Following an automobile accident in which Michael Grzyb was killed, Martha Grzyb, decedent’s widow, retained an attorney, Charles Rawl-ings, to pursue a wrongful death action. The vehicle which collided with decedent’s truck was operated by Kenneth Cox. Cox allegedly was travelling in a westerly direction when he crossed the median and struck the…