The Fair Share Act does not apply in situations where a plaintiff is not comparatively at fault for his or her injuries, the Pennsylvania Superior Court has ruled in a case that some attorneys say marks a shift in how courts have typically been applying the statute, which calls for apportionment of judgments among defendants.

A three-judge Superior Court panel, in a case largely upholding a $13 million judgment, said that a plain reading of the Fair Share Act shows that the recovery regime only applies in situations where plaintiffs are comparatively at fault.