Roverano v. John Crane, Inc.

Summary

This is a concurring opinion by Justice Wecht of the Supreme Court of Pennsylvania in consolidated asbestos-liability appeals. The opinion addresses whether Pennsylvania’s Fair Share Act permits disparate allocation of strict-liability damages and concludes that liability in these indivisible asbestos-injury cases must be apportioned per capita. It also agrees that settling bankruptcy trusts may be submitted to the jury for purposes of determining liability and apportioning the verdict under 42 Pa.C.S. § 7102(a.2).

Holdings

1. Settling bankruptcy trusts may be included on the verdict sheet for purposes of apportionment under 42 Pa.C.S. § 7102(a.2), provided the party seeking inclusion supplies proof of settlement and sufficient evidence of the trust's liability for the plaintiff's harm.
2. In an asbestos strict-liability action involving an indivisible injury, liability among defendants found strictly liable must continue to be allocated per capita rather than according to disparate relative fault or responsibility.

Questions Presented

1. Whether the Fair Share Act requires or permits settling bankruptcy trusts to be submitted to the jury for purposes of apportioning liability among asbestos defendants.
2. Whether strict-liability defendants may be subjected to disparate, fault-based apportionment under the Fair Share Act.
3. Whether the Fair Share Act's per capita allocation method applies when multiple defendants are found strictly liable for an indivisible asbestos-related injury.

Disposition

reversed_and_remanded