Daniel E. Cummins, Clarks Summit firm Cummins Law. Courtesy photo A Measured Response: Flawed Dicta on Fair Share Act in 'Spencer' Should be Rejected
It seems that an intellectual debate has been sparked on whether the pertinent parts of the Spencer opinion on the issue of whether the Fair Share Act applies to innocent plaintiffs are dicta and whether the analysis contained in that dicta is flawed.
September 29, 2022 at 11:21 AM
7 minute read
The two-part article "Dicta, Dicta, Dicta: Innocent Plaintiffs and the Fair Share Act (Part 1/July 21, 2022) and (Part 2/August 4, 2022) reviewed the flawed analysis of the dicta contained in the Pennsylvania Superior Court decision in Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021), regarding certain aspects of the Fair Share Act. That flawed dicta involved the court's passing thoughts on whether the Fair Share Act applies to personal injury cases in which a jury does not assess any percentage of responsibility for the happening of the accident to a plaintiff.
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