SB 1441

Abstract

Amends the Code of Civil Procedure. Deletes language providing for joint and several liability in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability. Adds language providing that in such actions in which recovery is predicated upon fault, each defendant found liable is liable for only that percentage of the plaintiff's damages that represents the contributory fault chargeable to that defendant in the comparison of the plaintiff's fault with the fault of all tortfeasors whose fault was a proximate cause of the death, injury, loss, or damage for which recovery is sought. Provides that except when the plaintiff is barred from recovering damages because the plaintiff's contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought, the plaintiff is barred from recovering damages from a defendant in excess of the amount of damages obtained by applying the percentage of contributing fault of that defendant to the amount of the plaintiff's damages. Provides that no defendant is jointly and severally liable for a plaintiff's damages. Amends the Joint Tortfeasor Contribution Act by deleting and repealing certain provisions regarding (i) contribution if the obligation of one or more of the joint tortfeasors is uncollectable and (ii) a plaintiff's right to recover the full amount of his or her judgment from any one or more defendants.