Roberta Taylor, Individually and as Executrix for the Estate of Robert Lee Taylor, Deceased v. Byrne Solberg, M.D., et al.

Summary

The Pennsylvania Supreme Court held that non-settling defendants could invoke a clear and unambiguous provision in a joint tortfeasor release reducing the plaintiff's recoverable damages by the greater of the settlement consideration or the settling tortfeasor's pro rata share of fault. The court affirmed reduction of the plaintiff's $84,000 verdict to zero because the settlement payment was $150,000. The decision distinguished prior cases involving releases that did not expressly benefit non-settling defendants.

Holdings

1. Non-settling defendants are entitled to invoke a clear and unambiguous provision in a release that reduces the plaintiff's recoverable damages by the greater of the settlement consideration paid by the settling tortfeasor or that tortfeasor's pro rata share of liability.
2. The verdict was properly reduced to zero because the $150,000 settlement consideration exceeded both the appellees' $16,800 apportioned share and the $84,000 total verdict.

Questions Presented

1. Whether non-settling defendants may invoke a clear and unambiguous provision in a joint tortfeasor release reducing the plaintiff's recovery by the greater of the settlement consideration or the settling tortfeasor's pro rata share of liability.
2. Whether the release's reduction provision controlled despite the non-settling defendants' not being parties to the release and despite Pennsylvania decisions favoring a plaintiff in certain settlement windfall situations.

Disposition

affirmed