Prelitigation Release • Fraud • Summary Judgment • Material Issue of Fact • Knowledge of English
Del Pielago v. Orwig, PICS Case No. 16-1452 (Pa. Super. Nov. 21, 2016) Shogan, J. (23 pages).
Trial court erred in granting summary judgment based on a prelitigation release in an automobile accident case because there were sufficient factual allegations to raise a material issue of fact regarding the execution of the release where appellants and the insurance adjuster who procured the release agreed that appellants did not speak or read English. Reversed.
