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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 71-S.F.No. 872 
                  An act relating to civil actions; allocating joint and 
                  several liability in certain civil actions; amending 
                  Minnesota Statutes 2002, section 604.02, subdivision 1.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 604.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [JOINT LIABILITY.] When two or more persons 
        are jointly severally liable, contributions to awards shall be 
        in proportion to the percentage of fault attributable to each, 
        except that each is the following persons are jointly and 
        severally liable for the whole award.  Except in cases where: 
           (1) a person whose fault is greater than 50 percent; 
           (2) two or more persons who act in a common scheme or plan 
        that results in injury; 
           (3) a person who commits an intentional tort; or 
           (4) a person whose liability arises under chapters 18B - 
        pesticide control, 115 - water pollution control, 115A - waste 
        management, 115B - environmental response and liability, 115C - 
        leaking underground storage tanks, and 299J - pipeline safety, 
        public nuisance law for damage to the environment or the public 
        health, any other environmental or public health law, or any 
        environmental or public health ordinance or program of a 
        municipality as defined in section 466.01, a person whose fault 
        is 15 percent or less is liable for a percentage of the whole 
        award no greater than four times the percentage of fault, 
        including any amount reallocated to that person under 
        subdivision 2. 
           If the state or a municipality as defined in section 466.01 
        is jointly liable, and its fault is less than 35 percent, it is 
        jointly and severally liable for a percentage of the whole award 
        no greater than twice the amount of fault, including any amount 
        reallocated to the state or municipality under subdivision 2. 
           This section applies to claims arising from events that 
        occur on or after August 1, 2003. 
           Presented to the governor May 16, 2003 
           Signed by the governor May 19, 2003, 1:36 p.m.