Tuesday, February 13, 2018

Superior Court Confirms that Fair Share Act Applies in Products Liability Cases

In the Asbestos litigation case of Roverano v. John Crane, Inc., et al., No. 2837 EDA 2017 (Pa.Super. Dec. 27, 2017), the Pennsylvania Supreme Court clarified that the Fair Share Act applies to products liability cases.

The court rejected arguments that the rule for apportioning liability amongst co-defendants did not apply in the context of strict liability cases.  The Superior Court remanded the case back to the trial court for a decision on how fault should actually be distributed amongst the parties.

A copy of the Superior Court's per curiam decision may be viewed HERE.

(Per curiam means "by the court," i.e. a decision, sometimes unanimous, by the court that does not identify the author but presents the decision as a court's opinion in the name of the court as opposed to a specific judge.  (I had to Google this definition to remind myself what per curiam meant)).

Judge Solano's Concurring and Dissenting Opinion can be viewed HERE.

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