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.

FMI: www.rotor.com