PA: Joint and Several Liability Still Applies if Plaintiff Is Not Negligent

In 2011, the Pennsylvania General Assembly altered the common law rule of joint and several liability with the Fair Share Act.  That Act restricted joint and several liability to intentional torts or misrepresentations, the release or threatened release of certain hazardous substances, serving alcohol to a visibly intoxicated patron, and, most importantly, to defendants who were found to be 60% or more responsible for the tortious injuries of the plaintiff.  Last week, the Superior Court ruled that the Fair Share Act does not apply in cases in which the plaintiff is not found to be contributorily negligent for her own injuries.  In other words, for wholly innocent plaintiffs, joint and several liability remains in place.  (The opinion is here:  Download KEITH SPENCER Appellant v CLEVELAND JOHNSON TINA GAINER JOHNSON AND PHILADELPHIA)  This argument was put forth by Widener alums Scott Cooper & Lara Antonuk is their contribution to Widener’s Mass Tort Litigation symposium in 2013.  (The article, check particularly footnote 143, is here:  Download Cooper-antonuk—ready-for-pub.-6.18.14)