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MO HB1180

Bill

Status

Introduced

1/5/2012

Primary Sponsor

Mark Parkinson

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Origin

House of Representatives

2012 Regular Session

AI Summary

  • Repeals joint and several liability in tort actions and replaces it with several liability only, where each defendant is liable solely for damages proportionate to their percentage of fault.

  • Requires courts to calculate each defendant's maximum recoverable amount by multiplying total damages by that defendant's percentage of fault.

  • Allows trier of fact to consider fault of all persons or entities who contributed to injury, regardless of whether they are named parties to the suit.

  • Permits consideration of nonparty fault only if plaintiff settled with the nonparty or defendant provides pre-trial notice; nonparty fault findings cannot be used to create liability or introduced as evidence in other actions.

  • Prohibits parties from disclosing to the trier of fact any information about the impact or implications of these liability provisions.

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

HCS Reported Do Pass (H)

2/1/2012

Committee Referrals

General Laws1/11/2012

Full Bill Text

No bill text available