Dan E. Cummins of Cummins Law.
The Pennsylvania Superior Court recently issued a notable decision earlier this year in March 2021 with respect to the Fair Share Act in the case of Spencer v. Johnson. That case was recently settled before any further appellate review could be had on the important issue of the scope and ambit of the Fair Share Act.
As noted below, questions remain as to what extent that act may apply in a case involving an innocent plaintiff with no percentage of responsibility. For example, questions have arisen as to whether an innocent plaintiff, such as an innocent guest passenger plaintiff involved in a car accident, or a medical malpractice plaintiff injured as a result of treatment, may assert that the Fair Share Act does not apply to their case such that they should be able to recover the entire verdict against any responsible defendant, even if that defendant is only found to be 1% responsible.
