Pennsylvania Tort Reform Package

Republicans in the Pennsylvania House have announced a massive tort reform package.  According to the press release, the proposed legislation includes the following reforms:

• Proposing a constitutional amendment to allow the General Assembly to establish caps on attorney fees in liability cases.
• Establishing a progressive statutory framework for limitations on attorney fees in liability cases.
• Proposing a constitutional amendment to allow the General Assembly to establish caps on non-economic damages in liability cases.
• Setting limitations on the recovery of punitive damages.
• Restricting liability with respect to innocent sellers, and where product misuse has occurred.
• Amending the comparative negligence statute to establish that each defendant found negligent or strictly liable for an injury to a plaintiff will be responsible for only his or her share of the total damages awarded to compensate a plaintiff for any injuries sustained.
• Requiring a plaintiff filing a liability action to include with the complaint a certificate of merit as prescribed by court rules, including a statement that the plaintiff suffers from a serious injury. 

– SBS