Relying upon dicta set forth in Spencer v. Johnson, trial court held that the Pennsylvania Fair Share Act was inapplicable to multiple defendants unless a plaintiff had some amount of contributory negligence.

In a non-jury trial, the plaintiff raised negligence and battery claims against the defendants, which arose from an incident in which one defendant shot the plaintiff in the shoulder with a gun that was owned by the other defendant. In determining whether the defendants were jointly and severally liable, the trial court noted that, pursuant to the Pennsylvania Fair Share Act, 42 Pa.C.S. § 7102 (the Act), multiple defendants were only responsible for their fair share of damages (which was limited to their apportionment of liability), unless an exception under Section 7102(a.1) of the Act was applicable. However, relying on Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021), the trial court held joint and several liability applies to all defendants without limitations of the Act, unless a plaintiff has some amount of contributory negligence. The trial court reasoned that in Spencer, the Superior Court of Pennsylvania “analyzed the [Act], including the headings and the language therein, and the history of contributory negligence in the Commonwealth, to conclude that the legislature only intended for the joint and several provisions of subsection (a.1) [of the Act] to apply in cases where a plaintiff is contributory negligent.” The trial court noted that, while this holding in Spencer was technically dicta, as it was not the direct holding of the Superior Court, the trial court nevertheless ruled that it would adhere to the Superior Court’s reasoning and dicta in Spencer. As such, the trial court held that the defendants were jointly and severally liable without the application of the Act. 

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