20-03-2025
Pennsylvania lawmaker names bill after teen who died in school van accident
PENNSYLVANIA (WTAJ) — A Representative announced plans to introduce legislation that would change the Fair Share Act in the Commonwealth.
The bill, authored by Rep. Andrew Kuzma, has been named 'Samantha's Law' in dedication to Samantha Kalkbrenner, a fifteen-year-old student of Allegheny County who was killed while traveling in a school passenger van. The van that Kalkbrenner was riding in was hit by a racing driver.
'My bill will ensure that this finding is enshrined into the Fair Share Act so that any ambiguity on the question is eliminated,' Kuzma wrote. 'This will make the law more fair for plaintiffs seeking to recover damages when they are in no way at fault and remedy any potential legal confusion for courts.'
Kuzma's legislation would codify the recent Pennsylvania Superior Court decision in Spencer vs. Johnson, which held that the defendants are held joint and severally liable for all damages when a plaintiff, such as Klakbrenner on the school van, is 0% negligent. Under the current law, the Fair Share Act does not address any share of an award, such as money, if a plaintiff is 0% negligent.
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