1999 Minnesota Statutes

     604.02 Apportionment of damages. 

    Subdivision 1.  When two or more persons are jointly 
 liable, contributions to awards shall be in proportion to the 
 percentage of fault attributable to each, except that each is 
 jointly and severally liable for the whole award.  Except in 
 cases where 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. 

    Subd. 2.  Upon motion made not later than one year after 
 judgment is entered, the court shall determine whether all or 
 part of a party's equitable share of the obligation is 
 uncollectible from that party and shall reallocate any 
 uncollectible amount among the other parties, including a 
 claimant at fault, according to their respective percentages of 
 fault.  A party whose liability is reallocated is nonetheless 
 subject to contribution and to any continuing liability to the 
 claimant on the judgment. 

    Subd. 3.  In the case of a claim arising from the 
 manufacture, sale, use or consumption of a product, an amount 
 uncollectible from any person in the chain of manufacture and 
 distribution shall be reallocated among all other persons in the 
 chain of manufacture and distribution but not among the claimant 
 or others at fault who are not in the chain of manufacture or 
 distribution of the product.  Provided, however, that a person 
 whose fault is less than that of a claimant is liable to the 
 claimant only for that portion of the judgment which represents 
 the percentage of fault attributable to the person whose fault 
 is less. 

    HIST: 1978 c 738 s 8; 1986 c 444; 1986 c 455 s 85; 1988 c 503 
 s 3; 1989 c 209 art 1 s 44