Pennsylvania has joined the growing number of jurisdictions that have eliminated or modified joint and several liability. Under the old rules, any defendant found negligent could be compelled to pay the entire verdict. Now, only a defendant found to be at least 60 percent at fault pays the entire verdict. Its impact on litigation will be heavily determined by the court’s interpretation of 42 Pa.C.S. § 7102 (a.2), which provides:
“For purposes of apportioning liability only, the question of liability of any defendant or other person who has entered into a release with the plaintiff with respect to the action and who is not a party shall be transmitted to the trier of fact upon appropriate requests and proofs by any party. A person whose liability may be determined pursuant to this section does not include an employer to the extent that the employer is granted immunity from liability or suit pursuant to the act of June 2, 1915 (P.L. 736, No. 338), known as the Workers’ Compensation Act. An attribution of responsibility to any person or entity as provided in this subsection shall not be admissible or relied upon in any other action or proceeding for any purpose.”
