Trial courts struggling with how to apportion liability against defendants in strict liability cases were given guidance Thursday when the Pennsylvania Superior Court ruled judges should not simply divide liability equally among defendants.
A three-judge panel of the court determined in Roverano v. John Crane Inc. that the Fair Share Act, which made it so defendants are only responsible to pay for the percent they are found liable, applies to asbestos litigation. The ruling rejected arguments that the act did not apply to strict liability claims for the purposes of apportioning liability.
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