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MORGAN v. COHEN

Nos. 53, September Term, 1986, 54 September Term, 1986.

309 Md. 304 (1987)

523 A.2d 1003

DARLYN MORGAN v. EDWARD R. COHEN. WENDY C. HOVERMILL v. EDWARD R. COHEN.

Court of Appeals of Maryland.

Motion for Reconsideration Denied May 26, 1987.

Attorney(s) appearing for the Case

Gary I. Strausberg (Gary L. Alexander, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., on brief), Baltimore, for Morgan.

Alfred L. Scanlan, Jr. (Whiteford, Taylor & Preston, on brief), Washington, D.C., Larry M. Waranch (Bryan D. Bolton and Shapiro & Olander, on brief), Baltimore, for Cohen.

Edward S. Digges, Jr., Jack L. Harvey and Digges, Wharton & Levin, on brief, for Motor Vehicle Mfrs. Ass'n of United States, Inc. and The Product Liability Advisory Council, Inc. and William H. Crabtree, Gen. Counsel and Edward P. Good, Sr. Atty., of Counsel, on brief for Motor Vehicle Mfrs. Ass'n of United States, Inc.

John J. Sellinger, Rockville, for Hovermill.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.

ADKINS, Judge.

These two consolidated appeals present a common question: Whether a general release, executed in settlement of a damage claim against the operator of a motor vehicle whose negligence caused injury, also releases a physician who subsequently treats the injury. For the reasons set forth below, we hold that a general release of the original tortfeasor does not discharge the physician as a matter of law. The release of the physician depends on the intent...

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