The New Age Of Joint And Several Liability In Pennsylvania – Act No. 17
Scott B. Cooper Schmidt. Kramer P. C. 209 State Street Harrisburg, Pa. 17110 27 South 34 th Street Camp Hill, Pa. 17011 717 -232 -6300 scooper@schmidtkramer. com
History of SB 1131 – Act No. 17 n n n Act 57 in 2002 Act 57 Declared unconstitutional (Deweese v. Weaver) Passed again in 2006 Rendell veto in March 2006 Had passed two times in current form prior to 2011
Perfect Storm of 2011 n n n Corbett campaigns on it Part of Mike Turzai’s jihad! GOP wins House overwhelmingly GOP controls Senate overwhelmingly Corbett wins Governor Triple Rs
HB 1, SB 2 and SB 500 n n HB 1 - Schroder SB 2 – Corman SB 500 - Greenleaf SB 1131 – originally Greenleaf but then withdrew as sponsor
HB 1 n n Introduced in 2011 Passes House in April 2011 Referred to Senate Judiciary Committee Still sitting in Senate Judiciary Committee
SB 2 n n Introduced in 2011 Referred to Senate Judiciary Committee Hearings Held in Senate Judiciary Committee on SB 2 and SB 500 Still in Senate Judiciary Committee
SB 500 n n Introduced in 2011 Referred to Senate Judiciary Committee Hearings in Senate Judiciary Still in Senate Judiciary Committee
SB 1131 n n n Introduced in June 2011 Same as HB 1 and SB 2 EXCEPT for two exceptions for minors and economic damages Passes Senate Judiciary (15 -1) Amended on Senate Floor to SB 2 and HB 1 language Passes Senate and House and Signed
Impact of New Law n n Risk shifting legislation Certain plaintiffs will now go uncompensated or at least under-compensated Certain Defendants will receive a windfall even though found a legal cause of someone’s injuries and losses Subrogation losses
Key Provisions of New Law n n All Joint Tortfeasors are now several and not joint unless exception applies Five exceptions n n n Material misrepresentation Intentional Act Dram Shop Illegal Dumping Defendant 60% or more responsible
“Devil in Details” of Exceptions n n Intentional acts usually not insurable Dram Shop insurance not mandatory Decrease use of joint tortfeasor releases during suit Recklessness or gross negligence is not an exception
Applicability n Applies to causes of action which accrue on or after effective date (June 28, 2011) n n n Up until midnight June 27, 2011 old law applies At 12: 01 AM on June 28, 2011 new law applies Discovery rule
Possible Arguments n Constitutional n n n Equal Protection Unconstitutional cap Place AG on notice
Practical Case Arguments n n Does not apply is Plaintiff is 100% innocent Can release Defendant pre-action on joint tortfeasor release and still apply joint and several to anyone else.
Thanks for coming! Powerpoint will be posted on Schmidt. Kramer website at schmidtkramer. com
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