5304-S2 AMS MCDO S2367.1

2SSB 5304 - S AMD  000137

By Senator McDonald

                             NOT ADOPTED 3/12/93 - ROLL CALL 22-25

    On page 92, after line 34, insert the following:

    "NEW SECTION. Sec. 317.  A new section is added to chapter 7.70 RCW to read as follows:

    JOINT AND SEVERAL LIABILITY RESTRICTIONS.  (1) For the purposes of this section, the term "economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.  "Economic damages" does not include subjective, nonmonetary losses such as pain and suffering, mental anguish, emotional distress, disability and disfigurement, inconvenience, injury to reputation, humiliation, destruction of the parent-child relationship, the nature and extent of an injury, loss of consortium, society, companionship, support, love, affection, care, services, guidance, training, instruction, and protection.

    (2) 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 injuries, including the claimant or person suffering personal injury, 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 that 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 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 claimant's economic damages.

    (3) If a defendant is jointly and severally liable under one of the exceptions listed in subsection (2)(a) or (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."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

2SSB 5304 - S AMD

By Senator McDonald

    On page 1, line 19 of the title, after "48.22 RCW;" insert "adding a new section to chapter 7.70 RCW;"

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