HF 90

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating the 
  1.3             apportionment of joint and several liability; amending 
  1.4             Minnesota Statutes 1998, section 604.02, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 604.02, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  When two or more persons are jointly 
  1.9   liable, contributions to awards shall be in proportion to the 
  1.10  percentage of fault attributable to each, except that each is 
  1.11  the following persons are jointly and severally liable for the 
  1.12  whole award.: 
  1.13     (1) a person whose fault is 40 percent or greater; 
  1.14     (2) two or more persons who act in a common scheme or plan 
  1.15  that results in injury; 
  1.16     (3) a person who commits an intentional tort; or 
  1.17     (4) a person whose liability arises Except in cases where 
  1.18  liability arises under chapters 18B - pesticide control, 115 - 
  1.19  water pollution control, 115A - waste management, 115B - 
  1.20  environmental response and liability, 115C - leaking underground 
  1.21  storage tanks, and 299J - pipeline safety, public nuisance law 
  1.22  for damage to the environment or the public health, any other 
  1.23  environmental or public health law, or any environmental or 
  1.24  public health ordinance or program of a municipality as defined 
  1.25  in section 466.01, a person whose fault is 15 percent or less is 
  2.1   liable for a percentage of the whole award no greater than four 
  2.2   times the percentage of fault, including any amount reallocated 
  2.3   to that person under subdivision 2. 
  2.4      If the state or a municipality as defined in section 466.01 
  2.5   is jointly liable, and its fault is less than 35 percent, it is 
  2.6   jointly and severally liable for a percentage of the whole award 
  2.7   no greater than twice the amount of fault, including any amount 
  2.8   reallocated to the state or municipality under subdivision 2. 
  2.9      Sec. 2.  [APPLICATION.] 
  2.10     Section 1 applies to claims arising from events that occur 
  2.11  on or after August 1, 1999.