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MO HB364

Bill

Status

Introduced

1/27/2011

Primary Sponsor

Michael Corcoran

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Repeals current joint and several liability rules for tort actions and replaces them with pure several liability, making each defendant liable only for damages proportional to their percentage of fault.

  • Requires courts to multiply total recoverable damages by each defendant's percentage of fault to determine the maximum amount recoverable against that individual defendant.

  • Allows consideration of fault attributed to nonparties (persons or entities not named in the suit) only if the plaintiff settled with them or the defendant provides pre-trial notice; findings against nonparties cannot be used to establish their liability in other actions.

  • Requires the trier of fact to consider fault of all persons or entities who contributed to the injury or damages, regardless of whether they were named as parties to the suit.

  • Prohibits any party from disclosing to the trier of fact the impact or implications of this liability statute.

Legislative Description

Changes the determination of a defendant's liability in a tort action for damages by specifying that the liability of each defendant for compensatory or punitive damages must be several and cannot be joint

Last Action

Rules - Reported Do Pass (H)

4/14/2011

Committee Referrals

Rules2/17/2011
General Laws2/8/2011

Full Bill Text

No bill text available