Miscellaneous

July 23rd, 2019 by Rieders Travis in Miscellaneous

ASBESTOS-FAIR SHARE ACT Roverano v. John Crane, Inc., 2020 Pa. LEXIS 1035 (February 19, 2020) Mundy, J. In this appeal by allowance, we consider whether the Fair Share Act, 42 Pa.C.S. § 7102, requires a factfinder to apportion liability on a percentage, as opposed to per capita, basis in strict liability asbestos actions. We conclude the Act’s plain language is [J-10A-2019 and J-10B-2019] - 2 consistent with per capita apportionment in asbestos cases, the Act does not specifically preempt Pennsylvania common law favoring per capita apportionment, and percentage apportionment in asbestos cases is impossible of execution. Accordingly, we reverse the Superior Court’s order, which vacated the trial court’s judgment and remanded this case for a new trial to apportion damages on a percentage basis. Additionally, we consider whether the Act requires a factfinder to apportion liability to bankrupt entities that entered into a release with the plaintiff. We conclude that upon appropriate requests and proofs, bankruptcy trusts that are either joined as third-party defendants or that have entered into a release with the plaintiff may be included on the verdict sheet for purposes of liability only. Accordingly, we remand this…