PAMIC has signed on to an amicus brief filed with the Pennsylvania Supreme Court in Roverano v. John Crane, Inc. PAMIC and the other amici, ask the Supreme Court to uphold the Superior Court’s finding that the Fair Share Act applies to strict liability asbestos cases and that all bankruptcy trusts with whom the plaintiff has settled must appear on the verdict sheet for purposes of apportioning liability under the Fair Share Act.
Passed in 2011, the Fair Share Act apportions liability according to fault unless a defendant is sixty percent or more at fault. In a sixty percent plus liability situation, the defendant can be required to pay the entire verdict.
In Roverano, the plaintiff sued numerous defendants in an asbestos action. Several defendants asked the court to apportion damages according to the extent to which each defendant caused harm. The trial judge, saying he had never heard of asbestos liability being “quantified,” determined that the Fair Share Act did not apply to this case.
The Superior Court rejected this finding and stated: “…the Fair Share Act specifically applies to tort cases in which recovery is allowed against more than one person, including actions for strict liability.” The Superior Court vacated the trial court’s ruling that the Fair Share Act did not apply and remanded the case for a new trial to apportion liability.
The Superior Court then addressed the issue of bankruptcy trusts that had settled with the plaintiff. Citing Section 702(a.1)(1) of the Fair Share Act, the court stated “These provisions require that settlements with bankrupt entities be included in the calculation of allocated liability under the statute.”
