This Bill

Document Sample
This Bill Powered By Docstoc
					                                  South Carolina General Assembly
                                      116th Session, 2005-2006

S. 38

STATUS INFORMATION

General Bill
Sponsors: Senator Richardson
Document Path: l:\s-res\shr\006join.mrh.doc

Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Joint and several liability


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/8/2004   Senate   Prefiled
 12/8/2004   Senate   Referred to Committee on Judiciary
 1/11/2005   Senate   Introduced and read first time SJ-99
 1/11/2005   Senate   Referred to Committee on Judiciary SJ-99


VERSIONS OF THIS BILL

12/8/2004
 1
 2
 3
 4
 5
 6
 7
 8
 9                              A BILL
10
11   TO AMEND CHAPTER 38, TITLE 15 OF THE 1976 CODE BY
12   ADDING SECTION 15-38-15, TO PROVIDE THAT JOINT
13   AND SEVERAL LIABILITY DOES NOT APPLY TO A
14   DEFENDANT WHO IS DETERMINED TO BE LESS THAN
15   TWENTY PERCENT AT FAULT, TO PROVIDE FOR THE
16   METHOD OF CALCULATING EACH DEFENDANT’S
17   PROPORTIONATE SHARE OF DAMAGES, AND TO
18   PROVIDE AN EXCEPTION FOR INTENTIONAL CONDUCT.
19
20   Be it enacted by the General Assembly of the State of South
21   Carolina:
22
23   SECTION 1. Chapter 38, Title 15 of the 1976 Code is amended
24   by adding:
25
26      “Section 15-38-15. (A) In an action to recover damages
27   resulting from personal injury, wrongful death, or damage to
28   property or to recover damages for economic loss resulting from
29   tortious conduct, if the damages are determined to be proximately
30   caused by more than one defendant, joint and several liability does
31   not apply to any defendant whose conduct is determined to be less
32   than twenty percent of the total fault for the damages as compared
33   with the fault of all the defendants. A defendant whose conduct is
34   determined to be less than twenty percent of total fault shall only
35   be liable for that percentage of the total damages awarded against
36   all defendants. Apportionment of percentages of fault among
37   defendants is to be determined as specified in subsection (C).
38      (B) The proportionate share of damages for which each
39   defendant is liable is calculated by multiplying the damages by a
40   fraction in which the numerator is the defendant’s percentage of
41   liability determined pursuant to subsection (C), and the
42   denominator is the total of the percentages of liability determined

     [38]                             1
 1   pursuant to subsection (C), to be attributable to all defendants
 2   whose actions are a proximate cause of the injury, death, damage
 3   to property, or economic loss from tortious conduct. A percentage
 4   of liability attributable to the claimant may not be included in the
 5   denominator of the fraction.
 6      (C) The jury, or the court if there is no jury, shall:
 7         (1) specify the amount of damages;
 8         (2) determine recoverable damages under applicable rules
 9   concerning ‘comparative negligence;’ and
10         (3) Upon a motion by at least one defendant, where there is a
11   verdict under items (1) and (2) above for damages against two or
12   more defendants for the same injury, death, or damage to property,
13   specify in a separate verdict under the procedures described at
14   subitem (b) below the percentage of liability that proximately
15   caused the injury, death, damage to property, or economic loss
16   from tortious conduct in relation to one hundred percent, that is
17   attributable to each defendant whose actions are a proximate cause
18   of the injury, death, or damage to property.
19           (a) For this purpose, the court may determine that two or
20   more persons are to be treated as a single party. Such treatment
21   must be used where two or more defendants acted in concert or
22   where, by reason of agency, employment, or other legal
23   relationship, a defendant is vicariously responsible for the conduct
24   of another defendant.
25           (b) After the initial verdict awarding damages is entered
26   and before the special verdict on percentages of liability is
27   rendered, the parties shall be allowed oral argument, with the
28   length of such argument subject to the discretion of the trial judge,
29   on the apportionment of percentages of liability. However, no
30   additional evidence shall be allowed.
31      (D) In the event that the jury cannot reach a unanimous verdict
32   on the apportionment of fault, and the Court determines that that
33   the jury has made all reasonable efforts to do so, the Court will
34   instruct the jury to deliver a verdict approved by a majority vote.
35      (E) Notwithstanding the application of this section, setoff from
36   any settlement received from any potential tortfeasor prior to the
37   verdict shall be applied in proportion to each defendant’s
38   percentage of liability as determined pursuant to subsection (C).
39      (F) This section does not apply to a defendant whose conduct is
40   determined to be intentional.”
41
42   SECTION 2. This act takes effect July 1, 2005 and applies to all
43   actions arising or accruing on or after the effective date.

     [38]                              2
1          ----XX----
2




    [38]       3

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:10/8/2012
language:English
pages:4