A Possible Solution to PA’S (UN) Fair Share Act – Maximizing Your Recovery

Pennsylvania recently amended its long-standing law regarding joint and several liablity.  Joint and several liability applies when more than one party is responsible for an injury. Under the old law, any party at least one percent at fault was jointly and individually liable for all of the damages. This protected the injured victim when the most responsible party had insufficient insurance or assets. This has now changed with the recent amendments. The joint and several liability amendments limit the liability of a defendant who is less than 60% at fault to his proportionate share of liability. Under the amendments’ language, however, … [Read more...]

PA Supreme Court Refuses Appeal on Important Underinsured Motorist Case

            Amanda Pusl was injured in a car wreck through the negligent driving of Matthew Means.   After a two-day trial, a jury awarded Pusl $100,000 in damages for her injuries.  Before trial, Pusl had already received $75,000 for these injuries from her own underinsured motorist insurance company, State Farm.  $75,000 was the limit of Pusl’s underinsured motorist coverage with State Farm.             As requested by Means’ attorney, the trial judge subtracted the $75,000 from the $100,000 jury verdict, reducing it to $25,000.   Pusl filed an appeal.              On appeal, the Pennsylvania Superior Court, clearly misreading the … [Read more...]

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