STORY FROM: Asbestos
Pa. Supreme Court: Allocation Requirement of Fair Share Act Doesn’t Apply to Strict Liability Asbestos Action
February 20, 2020
PHILADELPHIA –– The Pennsylvania Supreme Court has ruled that the percentage allocation requirement outlined in the Fair Share Act does not apply to strict liability asbestos cases since an injury from asbestos exposure is “inherently a single, indivisible injury that is incapable of being apportioned in a rational manner because the individual contributions to the plaintiff’s total dose of asbestos are impossible to determine.”
In a Feb. 19 opinion, the high court reversed an intermediate appellate court decision finding otherwise, concluding that it would be “impossible” to apportion the amount of each defendant’s liability on a percentage basis.
Concurring & Dissenting Opinion