HF 2877

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; abolishing the 
  1.3             apportionment of joint and several liability in 
  1.4             certain cases; amending Minnesota Statutes 1994, 
  1.5             section 604.02, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 604.02, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  When two or more persons are jointly 
  1.10  liable, contributions to awards shall be in proportion to the 
  1.11  percentage of fault attributable to each,; except that each is 
  1.12  jointly and severally liable for the whole award.  Except in 
  1.13  cases where liability arises under chapters 18B - pesticide 
  1.14  control, 115 - water pollution control, 115A - waste management, 
  1.15  115B - environmental response and liability, 115C - leaking 
  1.16  underground storage tanks, and 299J - pipeline safety, public 
  1.17  nuisance law for damage to the environment or the public health, 
  1.18  any other environmental or public health law, or any 
  1.19  environmental or public health ordinance or program of a 
  1.20  municipality as defined in section 466.01, a person whose fault 
  1.21  is 15 percent or less is liable for a percentage of the whole 
  1.22  award no greater than four times the percentage of fault, 
  1.23  including any amount reallocated to that person under 
  1.24  subdivision 2. 
  1.25     If the state or a municipality as defined in section 466.01 
  2.1   is jointly liable, and its fault is less than 35 percent, it is 
  2.2   jointly and severally liable for a percentage of the whole award 
  2.3   no greater than twice the amount of fault, including any amount 
  2.4   reallocated to the state or municipality under subdivision 2. 
  2.5      Sec. 2.  [APPLICATION.] 
  2.6      Section 1 applies to claims arising from events that occur 
  2.7   on or after August 1, 1996.