Does Release of Primary Trotfeasor Also Act As a Release of Secondary Trotfeasor Where Both of Them Exist ?
In Mamalis v. Atlas Van Lines, Inc., 522 Pa. 214, 560 A.2d 1380 (1989), our Supreme Court found that where there is a primarily responsible tortfeasor and a secondarily liable tortfeasor, release of the primary tortfeasor also acts as a release of the secondary tortfeasor.
Our Court in Burns v. Crossman, 740 A.2d 773 (Pa. Cmwlth. 1999), found that where a plaintiff had settled a sidewalk liability claim with the property owner, he had released the owner from any liability and thereby extinguished the claim against the secondary tortfeasor as well.
The plaintiff was the primarily responsible tortfeasor.
In Ratner v. Day by Day Enterprises, Inc., 110 Pa. Commw. 253, 532 A.2d 68 (Pa. Cmwlth. 1987), allocatur denied, 518 Pa. 621, 541 A.2d 748(1988), our Court found that under Section 222(1) of the Act, that a city is secondarily liable to the property owners and to other primarily liable persons.