Commonwealth, Department of Highways v. Cardwell

DISSENTING OPINION

STEWART, Judge.

I am unable to agree with the holding in the majority opinion.

The primary issue raised is whether the release executed by each appellee is a defense available to appellant as a joint tortfeasor where it is shown by extraneous evidence, as was done in this case, that such was not the intention of the parties to the release.

Until recently the Court of Appeals has followed the so-called “modern view” in answering this question, as distinguished from the “common law view.” Necessarily the decisions regarding the subject have reflected different factual situations.…