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; regulating actions 1.3 involving fault; informing the jury of the effect of 1.4 its answers to comparative fault questions and 1.5 allowing comment by counsel in certain circumstances; 1.6 amending Minnesota Statutes 1994, section 604.01, 1.7 subdivision 1. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 604.01, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [SCOPE OF APPLICATION.] Contributory fault 1.12 does not bar recovery in an action by any person or the person's 1.13 legal representative to recover damages for fault resulting in 1.14 death, in injury to person or property, or in economic loss, if 1.15 the contributory fault was not greater than the fault of the 1.16 person against whom recovery is sought, but any damages allowed 1.17 must be diminished in proportion to the amount of fault 1.18 attributable to the person recovering. The court may, and when 1.19 requested by any party shall, direct the jury to find separate 1.20 special verdicts determining the amount of damages and the 1.21 percentage of fault attributable to each party and the court 1.22 shall then reduce the amount of damages in proportion to the 1.23 amount of fault attributable to the person recovering. 1.24 In actions involving this chapter, the court shall inform 1.25 the jury of the effect of its answers to the comparative fault 1.26 question and shall permit counsel to comment thereon, unless the 2.1 court is of the opinion that doubtful or unresolved questions of 2.2 law or complex issues of law or fact are involved which may 2.3 render the instruction or comment erroneous, misleading, or 2.4 confusing to the jury.