Brown v. Herman

While the author of the majority Opinion has, in his usual fashion, provided a perceptive analysis and persuasive expression of view, I am compelled to this dissent, because, simply put, I cannot agree that the “ordinary meaning” of the release precludes appellants from suing appellee for medical malpractice. Scrutiny of the factual and procedural chronology serves to illuminate the analysis and assembly of rationale for this dissent:

January 5,1987 Russell Brown suffers injury when the stool upon which he was sitting collapsed.

March 22, 1988 Appellants commence a products liability action…