BACIOTTI v. SIMMONS


346 Pa.Super. 23 (1985)

498 A.2d 1351

Dawn BACIOTTI, Carmen Baciotti and Melanie Baciotti, his wife v. Michael V. SIMMONS and Strasburg Township. Appeal of Dawn BACIOTTI.

Supreme Court of Pennsylvania.

Filed September 18, 1985.


Attorney(s) appearing for the Case

Soren P. West, Lancaster, for appellant.

Richard H. Wix, Harrisburg, for Simmons, appellee.

Sharon D. Hyde, Lancaster, for Strasburg, appellee.

Before SPAETH, President Judge, and CAVANAUGH, BROSKY, ROWLEY, WIEAND, McEWEN, DEL SOLE, BECK and TAMILIA, JJ.


WIEAND, Judge:

The issue in this appeal concerns the application of Pa.R. C.P. 238 to a verdict against joint tortfeasors where one of them settled prior to trial and took in exchange a joint tortfeasor's release.

On January 23, 1980, Dawn Baciotti1 commenced an action against Michael V. Simmons and Strasburg Township to recover damages for personal injuries sustained in an...

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