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MO SB609

Bill

Status

Introduced

1/5/2012

Primary Sponsor

Jim Lembke

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Eliminates joint and several liability in tort actions; each defendant is liable only for damages in proportion to their percentage of fault.

  • Court shall multiply total recoverable damages by each defendant's percentage of fault to determine the maximum recoverable against that defendant.

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

  • Nonparty fault may be considered if plaintiff settled with the nonparty or if defending party provides pre-trial notice; nonparties cannot be held liable based on fault findings in the case.

  • Parties are prohibited from disclosing to the trier of fact the impact of this comparative fault statute.

Legislative Description

Modifies comparative fault by eliminating joint liability and allowing consideration of any nonparty's fault

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

1/26/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/26/2012

Full Bill Text

No bill text available