SF 2129

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; allowing aggregation of the 
  1.3             fault of multiple defendants for the purpose of the 
  1.4             comparative negligence statute; amending Minnesota 
  1.5             Statutes 1998, section 604.01, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 604.01, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [SCOPE OF APPLICATION.] Contributory fault 
  1.10  does not bar recovery in an action by any person or the person's 
  1.11  legal representative to recover damages for fault resulting in 
  1.12  death, in injury to person or property, or in economic loss, if 
  1.13  the contributory fault was not greater than the aggregate fault 
  1.14  of the person against whom recovery is sought all other persons 
  1.15  who are determined to be at fault, but any damages allowed must 
  1.16  be diminished in proportion to the amount of fault attributable 
  1.17  to the person recovering.  The court may, and when requested by 
  1.18  any party shall, direct the jury to find separate special 
  1.19  verdicts determining the amount of damages and the percentage of 
  1.20  fault attributable to each party and the court shall then reduce 
  1.21  the amount of damages in proportion to the amount of fault 
  1.22  attributable to the person recovering. 
  1.23     Sec. 2.  [APPLICATION.] 
  1.24     Section 1 is effective August 1, 1999, and applies to 
  1.25  actions initiated or pending on or after that date.