H-0738.1 _______________________________________________
HOUSE BILL 1358
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State of Washington 53rd Legislature 1993 Regular Session
By Representatives Appelwick, Ludwig, Johanson, Campbell, H. Myers, R. Meyers, Wineberry and Dellwo
Read first time 01/25/93. Referred to Committee on Judiciary.
AN ACT Relating to the civil liability of joint tortfeasors; and amending RCW 4.22.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.22.070 and 1986 c 305 s 401 are each amended to read as follows:
(1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages, including the claimant or person suffering personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities immune from liability to the claimant and entities with any other individual defense against the claimant. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except:
(a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party.
(b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants total damages.
(2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060.
(3) When the claimant has been found to be at fault by the trier of fact the court shall, upon a motion by the claimant, determine whether all or part of a defendant's share of the judgment is uncollectible. If the court so finds, it shall reallocate the uncollectible amount among all other defendants against whom judgment was entered and the at-fault claimant, according to the ratios of their respective percentages of fault. In determining whether a share is uncollectible, the court shall consider the current and future availability and extent of resources from which collection might be made, the current and future ability of the claimant to collect the share, and the reasonableness of the efforts made by the claimant to collect the share. A defendant whose share is reallocated is nonetheless subject to any continuing liability to the claimant on the judgment and to any other defendant for any portion of the reallocated share paid to the claimant.
(4)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites.
(b) Nothing in this section shall affect a cause of action arising from the tortious interference with contracts or business relations.
(c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic form which contains no clearly identifiable shape, color, or marking.
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