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Senate Votes to Restore Landmark "Fair Share Act" Lawsuit Reform
HARRISBURG -- The
state Senate today voted to restore the landmark “Fair Share Act” lawsuit
reform, according to state Sen. Jake Corman (R-34), the bill's author.
Corman said that Senate Bill
435 brings Pennsylvania in line with lawsuit reform passed in 44 other states by
eliminating “joint and severability” in cases where a defendant is found to be
less than 60 percent responsible.
Pennsylvania enacted similar
reform in 2002, but in July of this year, the Pennsylvania Commonwealth Court
ruled that the 2002 law violated the state's single subject requirement of the
state's constitution because the legislation also included language regarding
DNA testing of sexual and violent offenders.
“The court ruled only on the
process in which Act 57 of 2002 was enacted – not the merits of the
legislation,” said Corman. “Restoring this reform will restore fairness and
common sense to litigation in the Commonwealth.”
Senator Corman's SB 435
restores the Fair Share Act to statute in a single piece of legislation.
“In 2002, the Fair Share Act
overwhelmingly passed in the General Assembly and became the first significant
civil justice reform enacted in decades,” Corman said. “Again, I have joined
with medical professionals, hospitals, employers and state residents to reenact
this important tort reform measure.”
Under joint and several
liability, anyone found even 1, 5 or 10 percent liable in a civil suit can be
held 100 percent financially responsible. A plaintiff may recover the full
amount of an award from any defendant. The result is that litigants often go
after people with “deep pockets,” putting Pennsylvania at an economic
disadvantage with other states.
Senate Bill 435 provides that
a defendant only is responsible for its proportionate share, said Corman.
“Pennsylvania's current
liability system is completely unfair and unpredictable, and that seriously
impedes our ability to attract jobs and adds to health care costs. In fact,
there are very few commercial insurers left in Pennsylvania that cover
hospitals,” said Corman.
Senate Bill 435 will be sent
to the House of Representatives for consideration.
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