HARRISBURG (March 24, 2006) � The president of the Pennsylvania Bar Association today praised Gov. Ed Rendell�s veto of SB 435, legislation related to joint and several liability.

�SB 435 essentially would have eliminated the doctrine of joint and several liability in Pennsylvania by setting an almost impossibly high 60 percent threshold for ultimate liability,� said PBA President William P. Carlucci. �Gov. Rendell wisely rejected this legislation, and we hope our lawmakers can work together in the future on a compromise bill that will protect the rights of all parties involved.�

Carlucci said his association was strongly opposed to the elimination of joint and several liability as proposed in SB 435 for the following reasons:

• The law of joint and several liability controls how damages will be apportioned among the defendants in the event that the judge or jury concludes that multiple defendants were negligent and that their negligence was a substantial factor in causing the plaintiff's damages.
• The common law of joint and several liability, which has evolved over many generations, is rooted in the public policy of protecting the victims of harm, while protecting those whose conduct did not substantially cause the harm.
• The current law of joint and several liability does not favor plaintiffs or defendants - It is a body of law developed over time to balance the interests of both.

Carlucci said the PBA is advocating future compromise legislation that could preserve a balance by providing for a pro-rated reallocation of liability and provide relief for innocent suppliers.

�The PBA believes this is a much more fair approach to the doctrine of joint and several liability,� Carlucci explained.

Contact: Marcy Mallory & Jeff Gingrich
PBA Communications Department
[email protected] ? 1-800-932-0311