Wednesday, December 12, 2018
In 2011, Pennsylvania replaced joint and several liability with a statute referred to as the "Fair Share Act." The statute provided that if an individual defendant was found less than 60 percent liable in a given case, then dollar-amount damages for said defendant would be set at a level proportional to their percentage of liability in that case. A Court of Common Pleas judge in Philadelphia held that the Fair Share Act did not apply to asbestos, despite the lack of an explicit carve-out, because asbestos exposure is not quantifiable. The Superior Court held this was erroneous and now the case is before the Supreme Court of Pennsylvania. The case is Roverano v. Crane, Inc. The Pennsylvania Record has the story.