A decision by a two-judge panel of the Superior Court this March sua sponte announced that there are different rules for allocating liability among multiple tortfeasors solely based on whether or not a plaintiff contributed to the injury. The decision was Spencer v. Johnson 2021 WL 1035175 (Pa. Super. Ct. Mar. 18, 2021), and the Superior Court has decided not to allow re-argument on the decision. In Spencer, the plaintiff was catastrophically injured after a vehicle struck him while crossing the street. The vehicle was a company car issued to its employee for business use. The car was being operated by the husband of the employee at the time the plaintiff was injured, without the presence or express consent of the employee, and while the employee was at a non-work-related family gathering. The plaintiff filed suit against the company, the employee, and the husband-driver under various direct negligence and vicarious negligence theories. Importantly, the parties did not dispute two facts, central to the court’s analysis: 1) the pedestrian was not at fault; and 2) the driver was negligent.