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Reform of Joint and Several Liability Falls Short

Chester Dudzinski

Source: DeWeese v. Weaver, 880 A.2d 54 (Pa. Cmwlth. 2005)

Analysis

The Pennsylvania Commonwealth Court ruled in DeWeese v. Weaver, 880 A.2d 54 (Pa. Cmwlth. 2005) that the "Fair Share Act," a reform of the joint and several liability doctrine, was unconstitutional. In response, Senate Bill 435 was moved through the Legislature and presented to Governor Ed Rendell for signature. This Bill provided for that defendants would only have to pay the portion of damages proportionate to their liability, unless they were at least 60% liable or their actions were intentional.

What it Means For You

The common law rule that any defendant found culpable for 1% or more of the plaintiffs injuries can be held liable for payment of the entire damage award if the other defendant(s) are unable to pay.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Chester Dudzinski at (412) 563-2500.

You can also read more about the article's related practice groups:
Insurance Defense, Labor Employment, Medical Malpractice