(l-r) Chanda Miller, Molly Flynn, and Rebecca Trela, of Barnes & Thornburg. Courtesy photosThe Evolving Landscape of Joint and Several Liability in Pa.: A Post-'Spencer' Analysis
The Pennsylvania Superior Court's decision in Spencer v. Johnson and its “alternative” holding cast uncertainty around the commonwealth’s Fair Share Act’s application to all tort actions and the apportionment of damages among multiple tortfeasors. Subsequent judicial decisions and proposed legislative changes create a complex landscape for legal practitioners, plaintiffs and defendants alike.
November 19, 2024 at 08:00 AM
5 minute read
The Pennsylvania Superior Court's decision in Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021) and its “alternative” holding cast uncertainty around the commonwealth’s Fair Share Act’s application to all tort actions and the apportionment of damages among multiple tortfeasors. Subsequent judicial decisions and proposed legislative changes create a complex landscape for legal practitioners, plaintiffs and defendants alike.
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The Fair Share Act
Enacted in 2011, the Fair Share Act aimed to reform the existing doctrine of joint and several liability in Pennsylvania. Prior to its enactment, this doctrine allowed plaintiffs to hold any liable defendant responsible for the full amount of damages, regardless of that defendant's share of fault. This principle often led to situations where a minimally responsible but deep-pocketed defendant could be burdened with paying a disproportionate share of damages.
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