HomeMy WebLinkAbout1982-12-07; City Council; 7220; Tort Liability Legislation-,
CIT :>F CARLSBAD -AG.END. .3U.L
AB# 7 2 2 o I1ILE:
MTG. 12/?/S 2 TORT LIABILITY LEGISLATION
CA DEPT. __ _
RECOMMENDED ACTION:
DEPT. HD. -
CITY ATTV ~ ffi
CITY MGR. ~ :
That the City Council adopt Resolution No. ?o 7'{ supporting the
action of the San Diego County Board of Supervisors designating as
its number one legislative priority for 1983, enactment of
legislation providing greater tort liability protection for public
agencies.
ITEM EXPLANATION
Since Lhe California Supreme Court's decisions adopting comparative
negligence while combining it with joint and several liability
public agencies in California have been dealing with a flood of
tort liability claims and lawsuits. The City's ability to carry
out its functions is being adversely affected by the burden and the
cost of defending them. San Diego County Board of Supervisors has
designated as its number one legislative priority for 1983
enactment of legislation providing greater tort liability
protection for public agencies. The county has asked for our
support and participation in that effort. The City Manager and
the City Attorney join in recommending that the Council do that.
The suggested reform is a modest one as described in the attached
copy of last year's SB 500. If the City Council concurs your
action is to adopt Resolution No. 7o ?t./ which will communicate
the City Council's recommendation on the matter Lo the Board of
Supervisors, the San Diego Legislative Delegation and the League of
Califo~nia Cities.
FISCAL IMPACT
The cost of the City's self insurance program should be reduced in
a substantial, but at this time, undeterminable amount.
O EXHIBITS
LU e, County of San Diego correspondence dated November 12, 1982
0:: SB 500 & Resolution No. 707t.(
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CLIFFORD W. GRAVES
COUNTY OF SAN DDEGD
CHIEF ADMINISTRATIVE OFFICE
1600 PACIFIC HIGHWAY • SAN DIEGO, CALIFORNIA 92101
TELEPHONE (714) 236·2722
DOAHD OF SUPERVISOflS
TOM HAMIi.TON
"'UIST Dl$TNIC:1'
P'AUI.W. f"OROEM
IICCONO OISTIUC'f
ROGl!R IIEOGEC:OC:K
THIMD Dla1'NIC-1'
JIM DATES
P'OU111'4 Dlt'l'RtC:T
P'AUI. ECKERT
'"""TH o,., .. ,cT
C:HIEP' AOMINISTRATIVE Ol'FIC:CR
Ph f'° v~ ~e_ 3/r:P v r
~ A November 12, 1982
~t?ev,vU,etA/ls. u
City Managers '---q v--:=-Ir
Frank Panarisi Gf-2..Q 1\,/ /D0
Assistant Chief Administrative Officer "/) ,_ • , ,
TO:
FROM:
County of San Di ego C (}Llj( .-µ .l\l / /1,t .. -~ ~\:c I
SUBJECT: TORT LIABILITY LEGISLATION , "\t ~~ . ',
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V ,. """ ' The San Diego County Board of Supervisors has designated as its number 1
legislative priority for 1983 enactment of legislation provid:1ng g eater torr\ ~
liability protection for public agencies. S~eN,_, IJ
~i\C/1-~ I~ i, The Boarci, as well as most local agencies statewide, has support a such I')[) At_\)
legislation unsuccessfully for the last several years. The Board has not, , l.l
however, previously designated such legislation as its number 1 legislative l\-o
priority and directed that our legislative efforts be focused on this issue. jf
Recent damage claims against the County at a time when our financial situation 0
is very tenuous have underscored the need to make an all-out effort on this 1.d.l
issue in Sacramento in 1983. -0·
We would expect that many other local agencies are experiencing the same situ-
ation. Moraover, we realize any success on this legislative issue will require
a strong lobbying commitment by public agencies statewide. Therefore, we
intend to push this issut with the County Supervisors Association, the League
of Cities and other State and local agency organizations as well as the public
utilities and private organizJtions which are adversely affected by current
statutory and case law on the subject.
The active involvement of individual cities is also very important. The pur-
pose of this memo, therefore, is to solicit your cities' support and participa-
tion. Specifically, we would request that you take this issue to your councils
and request their designation of governmental tort liability legislation as
their number 1 legislative priority for 1983; and c01m1unicate such action to
the San Diego legislative delegation and the League of Cities.
The Board of Supervisors plans to meet with the legislative delegation in the
near future regarding this issue--probably the week of December 13, 1982. We
would greatly appreciate some expression of your cit: s position by t~at time
so that the Board might be able to convey the signifi ance of the issue to
public agencies couni.ywide. J
City Hanagers --2-November 12, 1982
Our initial thinking is to seek re-introduction of SB 500 (Beverly} which
passed the State Senate in 1982 but failed by l vote in the Assembly Judiciary
Committee. We will also be working to delfelop other legislative approaches
and would welcome your input. Efforts at the County wi11 be: c-.1ordinated through
our office of Intergovernmental and Public Affairs. Please fee, free to contact
Lari Sheehan, Acting Director of that office, at 236-3800 for infonnation and/or
to provide input.
Thank you.
~~~
FRANK PANARISI ~
Assistant Chief Administra.tive Officer
cc: CAO
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AMENDED IN SENATE JANUARY 25, 1982
AMENDED IN SENATE JUNE 16, 1981
SENATE BILL No. 500
Introduced _by Senator Beverly
March 9, 1981
An act to amend Sections 1431 ar•d 1432 of, and to add
Section 1431.1 to, the Civil Code, and to amend Section 625 of
the Code of Civil Procedure, relating to joint and several
liability.
LEGISLATIVE COUNSEL'S DIGEST
~ SBd500~ as amen
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ded, Beverly. Jbointdand several
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liability.
~ Un er erJsting aw, in an action ase upon neg igence or
product liability against multiple tortfeasors for an indivisible
• _ injury, the tortfeasors are jointly and severally liable for all
compensable damages attributable to that injury except that
e--they are not liable for damages attributable to the negligence
~ .. of the plaintiff. However, tortfeasors may seek equitable
indemnity from other tortfeasors.
This bill would provide that in an action for personal injury,
property damage, or death, where an indivisible injury was
caused by 2 or more persons, the damages shall be equitably
apportioned among them by the trier of fact. Euch tortfeasor,
as to economic damages, would remain jointly :md severally
I" liable for such damages and each tortfeasor would remain
"1' jointly and severally liable for noneconomic damages if the
tortfem;or's comparaHve fault, as apporh'oned by tb.e trier of
fact, is 40% or more. Howc¥Cl', ea-eh tortfeasor, ft5 re
nmwcoftomie damages, wettld be liable fa¥ ~ percentage of
Sttel1 damages aJ.loeated t& that: pcl'9&ft; fttttl liabilit)' wooM be
seYeml ftfttl ~ ~ If a tortfeasor's comparatz've fault, as
( apportioned by the trier of J:wt is l~-.s than 40%, the lfabilit;,
97 30
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-J-SB 500
of a.tortfeasor k•r 110neconomic damages would be several t 1 Nothing_ in this section shall affect that immunity. , : . •> .. "J
only ,wd notjoJiit. The apportionment of damages would be t ~ 2 (b) The trier of fact shall detumine the total amount
made without regard to any immunity, but the I 3 of ~am~ges, if any, sustained by the plaintiff and shall
apportionment would not affect any immunity. The allocation 4 d1v1de tne total amount of damages into economic and
of damages w:>Uld not apply to intentional mjuries, as 5 noneconomic categories. The division of damages shall be
specified. 6 stated as dollar amounts which shall aggregate 100
The bill would enact related provisions. 7 percent of the plaintiff's damages. For purposes of this
Vote: majority. Appropriation: no. Fiscal comll'Jttee: no. 8 sec~i?n, t~e te,rµi. "economi': dam~ges'; means objectively•·
State-mandated local program: no. , 9 venfiable.pecumary losses mcludmg, but not limited to
10 burial costs, medical expenses, loss of earnings, loss of us~
The people of the State of Caliform:1 do enact as follows: 11 of property, costs of repair or replacement, costs of ,
. 12 obtaining substitute domestic services, ... loss of . ,
1 SECTION 1. Section 1431 of the Civil Code is 13 employment, and loss of business or. employment r-. • 1
2 amended to read: . , · 14 · opportunities. For the purposes of this section the terqi· . , _w '.: ..
3 1431. Except as provided in Se9tion 1431'.l and except . 15 "noneconomic . damages'( , . , ,.means , \:1: ;t,;ubjective, • .. ;.:! ·;,;' • ·
4 in the special cases mentioned in this title, an obligation · 16 nonpecuniary losses including, but not limited to, pain ' ·. ·
5 imposed upon several persons, or a right created in favor l', s~ffering, in1.;onvenience, mental suffering, emotionai ·
6 of several persons, is presumed to be joint, and not 18 distress, loss of society and companionship, loss of
7 several. This presumption, in the case of a right, can be 19 consortium, injury to reputation, and humiliation. ,
8. overcome only by exp:ress words to the contrary. 20 (c) (1) The· liability of the multiple tortfeasors for'.'· ..
9 SEC. 2. Section 1431.1 is added to the Civil Code, to 21 economic damages shall be joint and several::,·. •:
10. read: 22 -fBr !'fhe liabilit-y ef eeeh tertfeasel' fer Honeeenemie
11 1431.1. (a) In an action for personal injury, prop_erty 23 elftm.ages maH ee several ooly eml mall fte!: ee.jeinh
12 damage, or wrongful death, where an indivisible injury 24 -t8t Ea-eh tertfeaser mall ee lia-ale etey .. fer fhe
13 bus been sustained by the plaintiff as a proximate result 25 per~~e ef (.iftffiftges determined . pursuant te
14 of the wrongful cop duct of two or more persons, the total 26 subd1v1Sttm:W ftftEl alleeateel te that ~frem fhetet-tll
15 damages"-Sustained ·by the plaintiff and to which the 27 ~~ neneeel'leffii£, d-ftmageg; ftftEl a 5ef)ftfflffl
16 conduct of all such persons has contril;mted shall be 28 jUdgmeat shall he readered agaiast fhe person fer -thtlf
17 equitably apportioned among them by the trier of fact, 29 ftffitltfflf:-. .
18 based upon the degree of fault, if any, of such persons and 130 fit ~ allecation f,ffl\~ fep ift :l™'agraph ~ et i
19 upon the degree to which the conduct of each 31 st1bd1vmen -{-er shall he made afler deducting~ pertioa
20 contributed to causing the compensable damages. The 32 eF t-he noneconomie damages ~ ~ the pereeatage
21 amount so apportioned shall be stated as a percentage 33 ~ ey Hle fflei' of foot te ee attributable te the .
22 which shall aggregate 100 percent with re~~ ,ect to all such 34 wreng.ftH ~ if~ ef the plaintiff. . . , ,
23 persons. The apportionment shall be made without 35 . (2) The liability of a tortfeasor .for noneconomic :-': ; : · ; ,
. 24 regard to any immunity from liability of any one or more '36 . damages sliall be several only and shall not be joint if the 1,;:, ,,';. ;i • 1
· · 25 of the persons for conduct normally imposing liability, : 37 , tortfeasor's comparative fault as apportioned by the trier L·;,J ~i,· '; ,
26 such as the immunity of i.n employer from liability to an.· 138 •· of fact pursuant to suhdlvlslon (a) is less than 40 percent. '.,..~. ;!,1' ·' ,
27 employee covered by workers' compensation or the· : 39 (3) The l1~1bility of a tortfeasor for noneconomic ~: · · '•
28 immunity from liability of a governmental . entity. 40 damages shall be join~ and several if the tortfeasor's :•:i
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, 97 60 .-
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1 comparative f.wlt as t1pportioned by the· trier of ftzct' r judgment sooH he eaiercd atttr •feti the ~ •E\fftount itt · · ·
2 pursuant to subdivision (a) is 40 percent or more. , 2 ftwep ef the pet'S6ft ftWftfEloo the htgheta fCC0'f'Of)',: . ·
·3 (4) A tortfeasor who is fow1d to be severally liable for 3 ·thr . . ·. · .
4 noneconomic damages shall be llable only for that 4 (I) Nothing in this section shnll invqlidnte rights to
5 percenttige ~f the total compens~ble noneconomic 5 indemnification or contribution whi?h nni provided for
6 damagesattnbutabletothetortfeasorscomparativefaulc 6 by contract.
7 as determined pursuant to subdivision '(a) ,-and a separate1 7 , , SEC. 3. Sect:on 1432 of the Civil Qo'de t~ {lp:iended to . . ,. ;
· 8 judgment shall be rendered against the nerson for that •,8\·read: ~ t ,;;: ,,,} -~. , , : ... ,; ,.:,,:;: ·::..V:.::/~~{, .1 .~,!.-~$i:X:~ .. .,;i;:. , ... ;, ·i. ;· .. 9 ' . \', ,~--,., ,-F .. \,-.i,1j1 #I nr• ...,.r•· ,-.i: •• \,_ .. ~~ ...... .,;.-~•d·d·~...-.,~lttl,•, .. , ... ~ Ltth,1..,!l'ld'·'· ,·t· ....... i':,~· : · · amount. · _, ., .. i 1L·1 :,:,;·Hit,tr-'Ah1-.!t~f.,f~i,t,\: : 1J : tt .t· :: 1432.1.t· Except. as,-. ·prov1 e .. ·:r11'fl}~paragrapu ::,,.,'5/:¥ p. ;';.~i~ T~,1, .:
· 10 (5) A tortfeasor who is fo'undYointlyJ'iima·severally 10 ··subdivision '(c) ofSec,ion 143l!l;aparty to·ajointorjoint. i" · L·:'. i
· 11 h'able for noneconomic damages shall have s fight o p ' and several obligation, who s~tisfies more than his or her /
12 . contribution as to the liability for noneconomic damages 12 share of the claim against all; may require a proportionate ;
13 against a tortfeasor who is found severally liable for 13 contribution from all the parties joined with him or her. . i
. 14 noneconomic damages only for an amount not to exceed 14 SEC. 4, Section 625 of the Code of Civil Procedure is:. ('"\
.-\ .' .-15 theamount'oftheseparatejudgmentrenderedagainstl5,amendedtoread; .,.,:· .'.·.~"-~';;: ,. · :-.,:-: 1':···. ~. 1>:)f .... :
-~-,. 16 that tortfeasoi· pursuant to 'paragraph. (4)., . 1 ·"" ' • 16 625 .. (a): In all cases the'cc~1 rt may direct the Jµry to ii;: ! : : : ·
17 (d) The allocation provided for by this section shall 17 find a special verdict in writing, upon all,· or any of the.:•:1~;,::'..;·
, 18 • not apply to any person who intentionally injures 18 'issues, and in all cases may instruct them, if they render .: . .: · · ··
19 another. Such :person shall be liable for all damages 19 a general verdict, to find upon particular questions of ·
·: .. 20 inflicted and compensable under the I.aw. However. an 20 fact, to be· stated in writing, and may direct tr written· ,· ..
· 21 apportionment shall be made under this section with 21 finding thereon. The special verdict or finding shall be
. 22 respect to any oth~r persons liable and not guilty of 22 . filed with the clerk and entered upon the minutes. If a
23 intentional conduct, including for that purpose an 23 special finding of facts is inconsistent with the general
24. allccation to the intentional actor. Any person so liable 24 verdict, the former controls the latter, and the court shall
· 25 shall have a right of . indemnification·· against the 25 , give judgment accordingly. .
26 intentional actor. .. . : . , ·:, , ' . .. ~ 26 (b) In an action for personal injury, property damage,··
27 ( e) If. one person is vicariously" liable for the conduct• 27 or wrongful death, where an indivisible injury has been
28 of another, they shall be treated as one person for the 28 sustained by the plaintiff as. a proximate result of the
29 purposes of this section and the same percentage 29 wrongful conduct of two or more persons, the c;ourt shall
30 allocated to each for which they shall be jointly liable, and 30 direct the jury to return a. spe_cial verdict in writing
31 this ·•section shall not affect whatever right of 31 incorporating the allocations required by subdivisions
32 indemnification or contribution may exist between them. 32 (a), (b), and ( c) of Secfion 1431.1 of the Civil Code.
33 -(,fr 'Elfeept as provided m sabewisions -<dr ffla ~ He-·
34 !'igM ef eontribution a5 te !he ~ fe.p ·ftefie~:mi-e
·:35 ffllffiege9 shell~ m fa¥el' ef &ne_persen liel-..Je ftgftiftst
· 36 flflOMl:ei' pei'5&ft "n'he .t!f ~ !ft tlftY fteaf',ft 5.P.CCificd m
· .· 37 subdi•.ision ,W.: . .
· ·38 ~ m aey eetieft fe.l' personal tfijtH')'; · property
:39 da.mag,e; 8P wrongful tieftth; a-elait:a h;i -the J¼i~ ftl1d
.. '40 e eounterclaim ey aey def.e:aaam ~ ee set: eff; aml e
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RESOLUTION NO. 7074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DESIGNATING AS ITS
NUMBER ONE LEGISLATIVE PRIORITY FOR 1983
ENACTMENT OF LEGISLATION PROVIDING GREATER
'l'ORT LIABILITY PROTECTION FOR PUBLIC AGENCIES
WHEREAS, the California Supreme Court's decisions
adopting comparative negligence and combining it with joint and
several liability has subjected Carlsbad to a flood of tort
liability claims and lawsuits; and
WHEREAS, many of these cases result from the fact that
the persrn truly responsible has .little or no money and the
injured party seeks to tap the City's "deep pocket" because the
law exposes us to the risk of being held us responsible for one
hundred percent of the damages notwithstanding the fact that we
have only a very small percentage of the responsibility for the
accident; and
WHEREAS, if the fair compensation of accident victims
is the overriding conside~ation, that should be handled on a
statewide basis. It is wrong to make the cities, who are least
able to afford it, responsible for being the insurer of last
resorti and
WHEREAS, the San Diego County Board of Supervisors has
designated as its number one legislative priority for 1983
enactment of legislation providing greater tort liability
protection for public agencies and asked that the City of
Carlsbad join with them in their effort and communicate such
action to the San Diego Legislative Delegation and the League of
California Cities
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad,
California designate as its number one legislative priority for
1983 enactment of legislation providing greater tort liability
protection for public agenciE:s. In .that regard it is
particularly important that the City's share of tho damages for
tort liability be limited in some reasonable and fair way to the
City's share of fault.
3. That the City Clerk forward copies of this
resolution to San Diego County, the San Diego Legislative
Delegation and the League of California Cities.
PASSED, APPROVED AND ADO~TED at a regular meeting of the
City Council of the City of Ca~lsbad, California, on the
__ ?_th ___ day of December , 1982 by the following vote, to wit:
ATTEST:
AY:P,.3 Council ~rs easier, lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
ASLER, Mayor
tll.J:I~ I R(L-::J;:,_)~
ALETHA L. RAuTENKRANZ,CityCiprk
(SEAL)
2.
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