OPINION OF THE COURT
This is a diversity case in which we are required to determine what effect, under Pennsylvania law, court-approved settlements reached by two separate minor plaintiffs in their respective claims against one tortfeasor would have on a subsequent attempt by those same plaintiffs to sue a second tortfeasor for injuries sustained in the same accident.
Appellants Frank and Muckin, plaintiffs below, were injured on August 5, 1968, when the Volkswagen in which they were riding collided head-on with a car driven by third-party defendant Donald Miller. Miller’s car had crossed over into the left-hand lane of the highway, and he was clearly at fault. On November 18, 1968, plaintiff Frank (then a minor) instituted suit against Miller in the Court of Common Pleas of Philadelphia County. Plaintiff’s mother and her counsel subsequently petitioned the court for leave to compromise Frank’s claim pursuant to Rule 2039 of the Pennsylvania Rules of Civil Procedure, which requires court approval of the compromise or settlement of any action in which a minor is a party. The court approved the settlement in the amount of $9,997.50, which represented the maximum amount she could obtain under Miller’s liability insurance policy. Frank settled for this amount because an investigation indicated that Miller did not have, nor was he likely to obtain, sufficient assets to satisfy an excess verdict. On February 20, 1969, the docket was marked “settled, discontinued and ended.” No release was signed in the Frank case.
Muckin’s claim against Miller was likewise settled for $9,997.50, but through a different procedural route since Muckin never actually instituted suit against
On July 30, 1970, appellants instituted the present suit against defendant Volkswagenwerk, alleging that they were injured as a result of the “uncrashworthiness” of their car, which defendant had manufactured. While appellants are now asserting a new theory of liability, it is clear that the injuries for which they seek recovery are identical to those which were the subject of the earlier settlements.
I. THE FRANK SETTLEMENT
Frank contends that the marking of a docket “settled, discontinued and ended,” as was done in her suit against Miller, is binding only as between the parties to that settlement, and thus does not bar suit against another defendant (in this case, Volkswagenwerk) which was not a party to the settlement. However, the principal authority on which she relies, Sale v. Ambler,
On the other hand, defendant’s contention that the marking of that docket “settled, discontinued and ended” necessarily bars a later suit against a different tortfeasor likewise does not find support in the Pennsylvania cases. Two of the cases cited by defendant for this proposition, Barson’s and Overbrook, Inc. v. Arce Sales Corp.,
The more relevant line of authorities consists of those cases dealing with the question of whether the prior proceedings resulted in a satisfaction of a judgment which would bar any subsequent action against another joint tortfeasor. Under Pennsylvania common law, the cases drew a clear distinction between the consequences of recovery of a judgment and of satisfaction thereof. A plaintiff was entitled to bring suit against as many joint tortfeasors as he wanted and could recover a judgment against each. However, once he obtained satisfaction from one joint tortfeasor, whether by satisfying the judgment of record or by giving a release, he could not thereafter execute or bring suit against any other joint tortfeasor. Hilbert v. Roth,
In 1951, Pennsylvania enacted the Uniform Contribution Among Tortfeasors Act (hereinafter, “Uniform Act”). Act of July 19, 1951, P.L. 1130, §§ 1-8, 12 P.S. §§ 2082-2089. This Act drastically changed the common law in some respects, but left it untouched in others. With respect to either recovery or satisfaction of a judgment, the law has been basically unchanged. Thus, just as under the common law, a plaintiff may recover as many judgments against as many tortfeasors as he wishes, but upon satisfaction of one judgment he may not sue or execute against another joint tortfeasor. That is the clear holding of Hilbert v. Roth, supra, where the plaintiff, who had satisfied a judgment of $10,000 against the first tortfeasor, was barred from bringing another suit against the second tortfeasor.
Where the Uniform Act clearly worked a substantial change in the common law was in the area of releases. Under the common law, a release of one joint tortfeasor was deemed to be a release of all, even though the release by its terms purported to release only the first tortfeasor. Union of Russian Societies of St. Michael and St. George v. Koss,
A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but reduces the claim against the other tortfeasors 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.
Thus, Hilbert v. Roth, supra, appears to have construed the Uniform Act to have changed the common law rule, which permitted but one satisfaction, only where the satisfaction of the first judgment has been accompanied by the signing of a release which does not purport to discharge the other tortfeasors.
Defendant relies heavily on Hilbert and argues that the failure of plaintiff Frank to sign a release brings her under
Volkswagenwerk argues that the presence of a release in Blanchard which had failed to discharge other tortfeasors distinguishes that case from the present one.
Even more important, in our view, is language which appears later in the Blanchard opinion. In what appears to be an alternative basis of its holding, the Blanchard court distinguished Hilbert, not on the ground that no release had been signed in the latter case, but on the ground that the satisfaction of the consent verdict was not equivalent to the satisfaction of a judgment:
“Nor can we agree with appellants’ that the satisfaction of the consent verdict was a satisfaction of a judgment thereby bringing the case under the rule of Hilbert v. Roth, supra. The verdict against Nehrig was not reduced to judgment and no judgment was ever entered against him. Even if judgment had been entered against Nehrig, appellants would not be discharged since, ‘The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasor’: Act of 1951, supra, § 3, 12 P.S. § 2084. But more importantly, no judgment against Nehrig was ever satisfied. In Hilbert, supra, judgment was entered and satisfied after an adversary action on the merits. The court was justifiedin assuming therein that the judgment represented the true value of the claim.” 410 Pa. at 360 ,188 A.2d at 725 . (Emphasis in original.)
We believe that this passage, especially the last three sentences, expresses a significant change in Pennsylvania law and is language that we cannot disregard. As noted previously, the cases prior to the enactment of the Uniform Act had applied the “one satisfaction” rule even where a settlement had been reached prior to proceeding to verdict. Thompson v. Fox, supra; Peterson v. Wiggins, supra; Smith v. Roydhouse, Arey & Co., supra. The above passage from Blanchard, however, indicates that the “one satisfaction” rule bars a subsequent suit against another joint tortfeasor only where the prior proceedings can reasonably be construed to have resulted in a full satisfaction of the plaintiff’s claim. Where the prior satisfaction occurred after an adversary action on the merits, it is most permissible to conclude that there has been a full satisfaction. This reasoning in Blanchard is generally consistent with Hilbert v. Roth, supra, where the court stated: “With respect to a satisfaction of judgment, however, particularly where, as here, it follows an adversary trial in which plaintiff proved his damages, it may more safely be assumed that the judgment does represent the true value of the claim and therefore, when the plaintiff has it marked satisfied of record, the common law assumption that he is satisfied may reasonably be permitted to operate.”
It is not clear from Blanchard and Hilbert whether the “one satisfaction” rule is now restricted to those cases in which the prior satisfaction followed an adversary action on the merits, and we need not so decide. What does seem clear is that the court in the second suit must be satisfied that the prior proceedings, however resolved, were of such a nature that the presumption of full satisfaction can operate. Where the prior satisfaction was based on a judgment following an adversary action on the merits, the presumption of full satisfaction would appear to be conclusive. On the other hand, where there was no prior adversary action on the merits, as was the case here, we believe that the Pennsylvania courts would at least look closely at the circumstances of the prior settlement to see whether the satisfaction, in the words of Blanchard, “represented] the true value of the claim.”
The district court was aware of the problems posed by Blanchard, but found that case not controlling. Basically, it concluded that, because the settlement was approved by the court in accordance with the special rules governing settlements involving minors, Pa.R.Civ.P. 2039, the final decree of the Philadelphia Court of Common Pleas was a final judgment, and “the satisfaction of that judgment by Miller is the equivalent to an ordinary satisfaction of judgment,” rather than to the “consent verdict” involved in Blanchard.
We respectfully disagree. In the first place, even assuming arguendo that the state court decree in this case was a “judgment” for these purposes, we are reluctant to construe the provisions requiring court approval of minors’ settlements, which were enacted largely for the minors’ protection, as foreclosing them from a cause of action which they might have had if they had been adults. We are unaware of any Pennsylvania authorities which have construed these provisions to have such restrictive consequences.
We do not believe that our result is unfair to defendant Volkswagenwerk or that we are permitting plaintiffs to continue suing different defendants until they recover what they believe is full compensation. Here the doubt as to whether the settlement represented the true value of the claim is raised by the circumstances surrounding the settlement itself, rather than evidence subsequently coming to light. Furthermore, defendant Volkswagenwerk concedes that Frank could have maintained this suit if she had signed a release discharging only Miller and his insurance company. We do not see what policy is furthered by making the immunity of an alleged tortfeasor who was not a party to any prior proceedings depend on the fortuitous fact that a release had been signed. The fact that Frank could clearly have protected her rights by signing a release does not seem helpful on the question of whether she should be penalized for not doing so, since we do not see how the absence of such a release could in any way have misled or prejudiced Volkswagenwerk, which was not a party to the earlier proceedings. Most important, we construe the Pennsylvania Supreme Court’s most recent decision on the subject — Blanchard v. Wilt, supra —as playing down the importance of a release on the question of the right to bring a subsequent suit, and as requiring a consideration of whether the first proceedings resulted in an award representing the true value of the claim.
In sum, because we believe that under Blanchard the absence of a release is not determinative on the question of the right to bring a subsequent suit against another tortfeasor, and because we do not believe that the settlement in the earlier proceedings can be presumed to be a full satisfaction for plaintiff Frank’s injuries, we believe that the Pennsylvania courts would not hold the present suit barred.
II. THE MUCKIN SETTLEMENT
As noted at the outset of this opinion, Muckin’s claim against Miller was settled through a different procedural route. Although we are not pleased with the prospect of affirming as to one plaintiff while reversing as to the other, where both allege the same cause of action, our reading of Pennsylvania law convinces us that the district court was correct in granting summary judgment against Muckin.
The two principal issues in Muckin’s appeal are (1) whether she was a party to a release which discharged Volkswagenwerk, and (2) if so, whether she can now disaffirm the release on the ground that she had signed it while still a minor.
Muckin nevertheless claims that, despite her signature to the second release, she was not a party thereto. Her argument is premised on the fact that the document was identified as a “Parent-Guardian” release; that the undersigned were identified as “individually and as parents and guardians;” that she, the minor, was not identified as an “undersigned;” and that the instrument did not provide any line for her to write “I have read the above.” Consequently, Muckin contends that her signature to the release was merely “gratuitous.” However, this argument cannot stand in the face of Campbell v. Sears, Roebuck & Co.,
“We are satisfied the release was the plaintiff’s own contract. True, as shown on its face, it was made by the mother, in her own right, and for her daughter. The plaintiff by adding her own signature, made it her own, not only by accepting it personally, but by approving the act of her mother done in her behalf.”
We also note that plaintiff wrote her signature in a printed space at the bottom of the document (under the two spaces provided for her parents’ signatures), which was specifically labelled “minor,” thereby further indicating that she must be considered a party to the release. Given the terms of the document and the Campbell decision, we see no unresolved issue of fact which would preclude a granting of summary judgment. The question of whether Muckin was a party to the second release is purely a legal question- which the district court properly resolved against her.
The remaining point to be considered is whether Muckin can now disavow a release which she signed as a minor. While the law in Pennsylvania generally is that minors may disaffirm their contracts upon reaching majority, the cases involving releases have all placed considerable emphasis on the question of whether the minor had personally received part of the consideration paid therefor or had participated in its benefits, Schmucker v. Naugle,
Accordingly, the district court order granting summary judgment against appellant Frank will be reversed,
Notes
. Appellants concede that the injuries alleged in the state court proceedings were identical to those alleged in this complaint, but contend that the injuries were nevertheless different in the sense that recovery in this suit would be limited to recovery for injuries either aggravated or caused by the defect in the automobile and would not include those injuries caused by the initial impact. This contention is merit-less. Assuming arguendo that a distinction between these two types of injuries can be made on the facts of this case, that would merely mean that recovery for injuries resulting from “uncrashworthiness” would be less inclusive than recovery for injuries resulting from Miller’s negligence. It is well settled in Pennsylvania that a tortfeasor is liable for all the damages which ordinarily and in the natural course of things have resulted from the commission of the tort. See, e. g., Hillsdale Coal & Coke Co. v. Pennsylvania R. Co.,
. Blanchard perhaps can also be distinguished on the basis of its unusual procedural history. As noted earlier, the “second” suit which the general contractor argued was barred by the prior settlement had in fact been instituted pri- or to the settlement, and the appeal challenging the compulsory nonsuit was pending at the time the settlement was reached in the suit against Nehrig, the subcontractor. Thus, it is arguable that to bar the suit against Wilt because of the settlement with Nehrig would have been particularly anomalous, since the Pennsylvania Supreme Court had reversed the nonsuit in favor of Wilt and had remanded that case for trial. However, nothing in the court’s language in Blanchard indicates that the result in any way turned on the case’s procedural context.
. The district court cited Bollinger v. Randall,
. We thus decline to follow Albright v. R. J. Reynolds Tobacco Co.,
On October 25, 1973, we affirmed the district court decision in Albright by judgment order. A judgment order of this court affirm
. We note that Pennsylvania authorities indicate that, even in this situation, a subsequent suit against the same party may be permissible where the settlement was approved by a court which had been “willfully deceived” as to the extent of the plaintiffs injuries. Rebic v. Gulf Refining Company,
. Muckin was twenty years of age at the time the settlement was reached and the releases were signed (November, 1969), which was pri- or to the enactment of the 1972 law reducing the age of majority to eighteen. 73 P.S. § 2021.
. Hasselrode clearly disposes of Muckin’s contention that, because a release covers only those matters which may fairly be said to have been within the contemplation of the parties when the release was given, and because she did not contemplate releasing Volkswagenwerk, the release cannot be held to bar this suit. The release in Hasselrode, which was substantially identical in wording to the release in this case, was held to bar suit against the employer of the person with whom plaintiff had previously settled. Furthermore, the cases which Muckin cites in support of her position are clearly distinguishable. In Restifo v. McDonald,
. Because we see no ambiguity in the release signed by Miss Muckin, we need not consider her contention that doubtful language in the release must be construed against the maker thereof. We note, however, that defendant Volkswagenwerk was indisputably not the “maker” of this release,
. The district court also took the position that Muckin was “estopped from disaffirming the release by the fact that it was made in conjunction with a court approved settlement.”
. We of course express no opinion on the “crashworthiness” issue, which has not yet been considered by the district court.