Deemer v. Oros

HOFFMAN, Judge:

This is an appeal from the lower court’s order granting a new trial on the issue of damages. Appellant contends that (1) the release from liability executed by appellee was admissible at trial because it was not within the scope of 42 Pa.C.S.A. § 7101; and (2) appellee waived any right to challenge the release because she retained the settlement benefits. For the reasons that follow, we reverse the order granting a new trial and enter judgment on the jury’s verdict.

On December 7, 1982, at approximately 11:00 p.m., appellant and appellee were involved in an automobile accident.…