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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8326 (2026)

 Effect of release as to other tort-feasors.

✓ current as of May 2026
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§ 8326.  Effect of release as to other tort-feasors.

A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release or in any amount or proportion by which the release provides that the total claim shall be reduced if greater than the consideration paid.

Notes of Decisions
Cited in 42 cases (2 in the last 5 years), 1980–2023 · leading case: Baker v. ACandS, 755 A.2d 664 (Pa. 2000).
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Baker v. ACandS, 755 A.2d 664 (Pa. 2000). · cites it 16× “The provision which controls set-off is found at 42 Pa. C.S. § 8326. That provision states that a release by the plaintiff of one tortfeasor does not discharge the other tort-feasors unless the release so provides, but reduces the claim against the other tort-feasors in the…”
Charles v. Giant Eagle Markets, 522 A.2d 1 (Pa. 1987). · cites it 8× “42 Pa.C.S. § 8326. This section affords the parties to the release an option to determine the amount or proportion by which the total claim shall be reduced provided that the total claim is greater than the consideration paid.”
Ieropoli v. AC&S CORP., 842 A.2d 919 (Pa. 2004). · cites it 2× “42 Pa.C.S. § 8326 (then, 12 P.S. § 2085).”
Maloney v. Valley Med. Facilities, Inc., 984 A.2d 478 (Pa. 2009). · cites it 2× “[4] The UCATA abrogated the broader common-law rule that payment by one tortfeasor would release all others regardless of the parties' intent, insofar as it applied to joint tortfeasors.”
Andaloro v. Armstrong World Indus., Inc., 799 A.2d 71 (Pa. Super. Ct. 2002). · cites it 2× “¶ 11 Plaintiffs assert that the court’s determination constituted an error of law, as liability between defendants to asbestos claims involving the Manville Trust is properly apportioned pro tanto pursuant to the Trust Distribution Process (TDP) and the Uniform Contribution…”
Baker v. AC&S, INC., 729 A.2d 1140 (Pa. Super. Ct. 1999). · cites it 4× “42 Pa.C.S. § 8326. The release by the plaintiff does not relieve the settling tortfeasor from making contribution to another tortfeasor unless the release is given before the right of the other tortfeasor to secure monetary contribution has accrued and it provides for a…”
Moran v. G. & W.H. Corson, Inc., 586 A.2d 416 (Pa. Super. Ct. 1991). · cites it 2× “The Uniform Contribution Among Joint Tortfeasors Act, 42 Pa.C.S. § 8326, (hereinafter "UCATA"), was interpreted by the Supreme Court in Daugherty v.”
Schuman v. Vitale, 602 A.2d 390 (Pa. Commw. Ct. 1992). · cites it 6× “DOT also contends that its argument is supported by 42 Pa.C.S. § 8326, which provides in pertinent part: A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides .”
Hatfield v. Cont'l Imports, Inc., 610 A.2d 446 (Pa. 1992). · cites it 2× “See 42 Pa.C.S. § 8326. Thus a joint tortfeasor settlement which simply settles the issue between plaintiffs and one of a number of defendants will still be subject to the provisions of Section 6141, 42 Pa.”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). · cites it 2× “32(F) (Anderson 1981); 42 Pa.Cons. Stat.Ann. § 8326 (Purdon 1982); R.”
Findley v. Blinken (In Re Jt. E. & S. Dist. Asbestos Litig.), 129 B.R. 710 (S.D.N.Y. 1991). “50 § 20; 42 Pa. Cons.Stat.Ann. §§ 8326, 8327. In order to obtain this reduction in liability, there must be proof that the settling defendant is a joint tortfeasor.”
Herbert v. Parkview Hosp., 854 A.2d 1285 (Pa. Super. Ct. 2004). “¶ 7 The Uniform Contribution Among Tort-feasors Act (UCTA) provides as follows: A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but reduces the claim against the…”
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