Minnesota Legislature
HF 3506
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 03:45pm
Bill Text Versions
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| Introduction | Posted on 02/05/2024 |
Current Version - as introduced
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A bill for an act
relating to civil law; modifying collateral source calculations and contributory
fault; amending Minnesota Statutes 2022, sections 548.251, subdivision 2; 604.01,
subdivision 1; 604.02, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 548.251, subdivision 2, is amended to read:
Subd. 2.
Motion.
In a civil action, whether based on contract or tort, when liability is
admitted or is determined by the trier of fact, and when damages include an award to
compensate the plaintiff for losses available to the date of the verdict by collateral sources,
a party may file a motion within ten days of the date of entry of the verdict requesting
determination of collateral sources. If the motion is filed, the parties shall submit written
evidence of, and the court shall determine:
(1) amounts of collateral sources that have been paid for the benefit of the plaintiff or
are otherwise available to the plaintiff as a result of losses except those for which a
subrogation right has been asserted; and
(2) amounts that have been paid, contributed, or forfeited by, or on behalf of, the plaintiff
deleted text begin ordeleted text end new text begin ,new text end members of the plaintiff's immediate familynew text begin , and the plaintiff's employernew text end for the two-year
period immediately before the accrual of the action new text begin and until judgment is entered new text end to secure
the right to a collateral source benefit that the plaintiff is receiving as a result of losses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 604.01, subdivision 1, is amended to read:
Subdivision 1.
Scope of application.
Contributory fault does not bar recovery in an
action by any person or the person's legal representative to recover damages for fault resulting
in death, in injury to person or property, or in economic loss, if the contributory fault was
not greater than the new text begin aggregate new text end fault of the personnew text begin or personsnew text end against whom recovery is
sought, but any damages allowed must be diminished in proportion to the amount of fault
attributable to the person recovering. The court may, and when requested by any party shall,
direct the jury to find separate special verdicts determining the amount of damages and the
percentage of fault attributable to each party and the court shall then reduce the amount of
damages in proportion to the amount of fault attributable to the person recovering.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2022, section 604.02, subdivision 1, is amended to read:
Subdivision 1.
Joint liability.
When two or more persons are severally liable,
contributions to awards shall be in proportion to the percentage of fault attributable to each,
except that the following persons are jointly and severally liable for the whole award:
(1) a person whose fault is deleted text begin greater thandeleted text end 50 percentnew text begin or morenew text end ;
(2) two or more persons who act in a common scheme or plan that results in injury;
(3) a person who commits an intentional tort; or
(4) a person whose liability arises under chapters 18B - pesticide control, 115 - water
pollution control, 115A - waste management, 115B - environmental response and liability,
115C - leaking underground storage tanks, and 299J - pipeline safety, public nuisance law
for damage to the environment or the public health, any other environmental or public health
law, or any environmental or public health ordinance or program of a municipality as defined
in section 466.01.
This section applies to claims arising from events that occur on or after August 1, 2003.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 604.02, subdivision 2, is amended to read:
Subd. 2.
Reallocation of uncollectible amounts generally.
Upon motion made not later
than one year after judgment is entered, the court shall determine whether all or part of deleted text begin adeleted text end new text begin
anynew text end party's equitable share of the obligation is uncollectible from that party and shall
reallocate any uncollectible amount among the other parties, including a claimant at fault,
according to their respective percentages of fault. A party whose liability is reallocated is
nonetheless subject to contribution and to any continuing liability to the claimant on the
judgment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to causes
of action commenced on or after that date.
new text end