Legal Dictionary – Glossary of Legal Terms
Joint and Several Liability . Refers to a plaintiff’s ability to sue one or more defendants separately or all together at his or her option. Permits a group of defendants to be held both individually and collectively liable for all damages suffered by the plaintiff. The plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable.
For incidents arising after August 17, 2002: Due to a new Pennsylvania law, joint and several liability has been changed so that a plaintiff may no longer be able to collect all his damages from one defendant, even if more than one defendant is found responsible. A percentage of fault will be assessed against each defendant and, unless a defendant’s negligence is 60% or greater, an at fault defendant will be responsible for only its percentage of fault.
Judge. Workers’ compensation judges are appointed and are representatives of the Pennsylvania Department of Labor and Industry. They conduct hearings in an administrative proceeding for workers’ compensation cases.
Judicial Notice. The procedure by which a judge recognizes the existence of the truth of a certain fact having bearing on the case without the production of evidence because such fact is established by common notoriety. For example, if the accident happened on Thanksgiving, the judge can take judicial notice that the accident happened on a Thursday.