SF 2933

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating liability; 
  1.3             amending Minnesota Statutes 2002, section 604.01, 
  1.4             subdivision 1; Minnesota Statutes 2003 Supplement, 
  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 2002, 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 persons against whom recovery is sought, but any 
  1.15  damages allowed must be diminished in proportion to the amount 
  1.16  of fault attributable to the person recovering.  The court may, 
  1.17  and when requested by any party shall, direct the jury to find 
  1.18  separate special verdicts determining the amount of damages and 
  1.19  the percentage of fault attributable to each party and the court 
  1.20  shall then reduce the amount of damages in proportion to the 
  1.21  amount of fault attributable to the person recovering. 
  1.22     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.23  604.02, subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [JOINT LIABILITY.] When two or more persons 
  1.25  are severally jointly liable, contributions to awards shall be 
  2.1   in proportion to the percentage of fault attributable to each, 
  2.2   except that the following persons are jointly and severally 
  2.3   liable for the whole award: 
  2.4      (1) a person whose fault is greater than 50 40 percent; 
  2.5      (2) two or more persons who act in a common scheme or plan 
  2.6   that results in injury; 
  2.7      (3) a person who commits an intentional tort; or 
  2.8      (4) a person whose liability arises under chapters 18B - 
  2.9   pesticide control, 115 - water pollution control, 115A - waste 
  2.10  management, 115B - environmental response and liability, 115C - 
  2.11  leaking underground storage tanks, and 299J - pipeline safety, 
  2.12  public nuisance law for damage to the environment or the public 
  2.13  health, any other environmental or public health law, or any 
  2.14  environmental or public health ordinance or program of a 
  2.15  municipality as defined in section 466.01. 
  2.16     This section applies to claims arising from events that 
  2.17  occur on or after August 1, 2003. 
  2.18     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     Sections 1 and 2 are effective retroactively from August 1, 
  2.20  2003, and apply to claims arising from events that occur on or 
  2.21  after that date.