HB 4981

Abstract

Amends the Code of Civil Procedure. Provides that joint and several liability does not exist in actions arising out of bodily injury, death, or damage to property based on negligence or product liability. (At present, defendants who are found liable are jointly and severally liable for plaintiff's medical expenses; any defendant whose fault is less than 25% of the total fault attributable to the plaintiff is severally liable with any third party defendant, except for the plaintiff's employer; and, any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff is jointly and severally liable for all other damages with any third party defendant, except for the plaintiff's employer). Provides that the trier of fact determines each defendant's respective liability, each party's percentage of contributory fault, and the plaintiff's damages. Provides that a defendant is responsible to pay that percentage of the plaintiff's damages represented by that defendant's portion of all contributory fault, except that a plaintiff cannot recover damages when the plaintiff's contributory fault exceeds 50%. Provides that no defendant is jointly and severally liable for plaintiff's damages. Amends the Joint Tortfeasor Contribution Act. Repeals provision that states that if a tortfeasor's obligation is uncollectible, the other tortfeasors shall pay, pro rata, the unpaid obligation. Repeals provision that states that the Joint Tortfeasor Contribution Act does not affect a plaintiff's right to recover the full amount of a tort judgment from any defendant.