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HARSH v. PETROLL

887 A.2d 209 (2005)

Eugene S. HARSH, Lois E. Harsh, Cheryl L. Zwoyer, Co-Administrators for the Estate of Douglas Lee Harsh, deceased; Carol A. Zwoyer, Charles J. Zwoyer, Jr., Cheryl L. Zwoyer, Co-Administrators for the Estate of Connie J. Harsh, deceased; and Cheryl L. Zwoyer, Administratrix for the Estate of Tyler D. Harsh, deceased v. Frederick W. PETROLL and HAC Farm Lines Agricultural Cooperative Association and Cyned (a/k/a SINED) Transport Corporation and Pennsylvania Department of Transportation and General Motors Corporation and Chevrolet Motor Division, General Motors Corporation, and Jim McKay Chevrolet, Inc. Appeal of Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation.

Supreme Court of Pennsylvania.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Angela Marie Helm, Carl D. Buchholz, Philadelphia, for Frederick W. Petroll, et al.

Daniel R. Goodemote, Harrisburg, for Dept. of Transportation.

Thomas J. Finarelli, Joseph Edward O'Neil, Mary Grace Maley, Philadelphia, Frank M. Hinman and Tyler B. Theis, San Francisco, CA, for General Motors Corp.

Dan Michael Brookhart, Jaime D. Jackson, Edward Robert Kennett, William A. Atlee, Lancaster, for Harsh et al.

James Michael Beck, Philadelphia, for Product Liability Advisory Council, Inc.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice SAYLOR.

The question presented concerns the application of joint and several liability in a strict-liability, crashworthiness context.

The civil action underlying this appeal pertains to a fatal motor-vehicle accident that occurred on April 21, 1995, on Route 30, in Lancaster County. A tractor-trailer driven by Appellee Frederick W. Petroll, traveling above the legal rate of speed and at approximately 38 miles per hour, collided...

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