Fri, Aug 12, 2005
HAI tells ANN that they
continue "to closely monitor tort reform at the state and federal
level and supports meaningful reform as a method of addressing the
high cost of aviation insurance. A Pennsylvania court has upheld
joint and several liability, and tort reform advocates consider
this a major setback."
The Pennsylvania Court’s ruling of Pennsylvania’s
Fair Share Act as unconstitutional – voiding the law that
reformed the state’s Joint and Several Liability Doctrine
with comparative responsibility – has disappointed
lawmakers.
The joint and several liability provision is the legal doctrine
where people with minimal responsibility can be held liable for
most or all damages. Efforts in other states to impose
“comparative responsibility” could likewise be ruled
unconstitutional.
In 2002, 153 members of the Pennsylvania House of
Representatives and 40 members of the state Senate supported the
Fair Share Act, and former Governor Mark Schweiker signed the
measure into law.
The law was considered
a major element in dealing with lawsuit abuse to address excessive,
frivolous, and the “it pays to sue” mentality that has
caused a medical malpractice crisis in Pennsylvania and the loss of
countless jobs and opportunities.
The Pennsylvania Senate Majority Whip, Jeff Piccola (R-l5)
summed up the situation when he said recently, “With so much
litigation, justice is not being served. We need to focus on the
broad picture of bringing fairness, common sense, and personal
responsibility to our lawsuit abuse problems.”
HAI will continue to monitor legislation at the state and
federal level as well as court action dealing with tort reform.
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