SF 872

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; allocating joint and 
  1.3             several liability in certain civil actions; amending 
  1.4             Minnesota Statutes 2002, section 604.02, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 604.02, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [JOINT LIABILITY.] When two or more persons 
  1.9   are jointly severally liable, contributions to awards shall be 
  1.10  in proportion to the percentage of fault attributable to each, 
  1.11  except that each is the following persons are jointly and 
  1.12  severally liable for the whole award.  Except in cases where: 
  1.13     (1) a person whose fault is greater than 50 percent; 
  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 under chapters 18B - 
  1.18  pesticide control, 115 - water pollution control, 115A - waste 
  1.19  management, 115B - environmental response and liability, 115C - 
  1.20  leaking underground storage tanks, and 299J - pipeline safety, 
  1.21  public nuisance law for damage to the environment or the public 
  1.22  health, any other environmental or public health law, or any 
  1.23  environmental or public health ordinance or program of a 
  1.24  municipality as defined in section 466.01, a person whose fault 
  1.25  is 15 percent or less is liable for a percentage of the whole 
  2.1   award no greater than four times the percentage of fault, 
  2.2   including any amount reallocated to that person under 
  2.3   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      This section applies to claims arising from events that 
  2.10  occur on or after August 1, 2003.