Roverano v. John Crane, Inc.

Summary

The Pennsylvania Supreme Court considers whether the Fair Share Act requires percentage-based rather than per-capita apportionment of liability in strict-liability asbestos cases. The Court holds that per-capita apportionment is permissible because the Act is consistent with Pennsylvania common law and percentage apportionment is impossible to execute in these cases. It further holds that bankrupt entities joined as third-party defendants or that entered releases with the plaintiff may be included on the verdict sheet for liability purposes upon appropriate requests and proofs, and remands for further proceedings.

Holdings

1. The Fair Share Act does not specifically preempt Pennsylvania common law requiring equal, per capita apportionment among joint tortfeasors in strict-liability cases. In asbestos cases involving an indivisible injury and expert testimony that percentage causation cannot be determined, liability must therefore be apportioned on a per capita basis rather than by percentage of fault.
2. Upon appropriate requests and proofs, a bankruptcy trust that was joined as a third-party defendant or that entered into a release with the plaintiff may be included on the verdict sheet for purposes of determining liability only.

Questions Presented

1. Whether Pennsylvania's Fair Share Act, 42 Pa.C.S. § 7102, requires percentage rather than per capita apportionment of liability in strict-liability asbestos cases.
2. Whether the Fair Share Act permits bankruptcy trusts that were joined as third-party defendants or entered into releases with the plaintiff to be included on the verdict sheet for purposes of apportioning liability.

Disposition

reversed_and_remanded