SENATE BILL REPORT

SB 6813

BYSenators Thorsness, Hansen, Hayner, Stratton and Bailey

Clarifying the method for determining the proportionate share of damages when multiple parties are at fault.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990; February 2, 1990

Majority Report:     Do pass.

     Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Patrick, Rasmussen.

Senate Staff:Dick Armstrong (786-7460)

                February 13, 1990

AS PASSED SENATE, FEBRUARY 12, 1990

BACKGROUND:

Prior to 1986 if several defendants were found by the trier-of-fact to have caused the injuries to a claimant, each defendant was responsible for payment of the entire judgment.  If one defendant paid more than his or her proportionate share, contributions could be obtained from the other defendants.

As part of the Tort Reform Act of 1986, joint and several liability was generally abolished.  Defendants are now liable for only their proportionate share of fault.  However, if the trier-of-fact finds that a plaintiff was "not at fault," then each defendant is jointly and severally liable for all economic and noneconomic damages. 

SUMMARY:

The liability of defendants is modified when the trier-of-fact determines that the claimant was not responsible for causing his or her injuries.  If a claimant is without fault, defendants are only jointly liable for economic damages. 

Appropriation:  none

Revenue:   none

Fiscal Note:    requested February 2, 1990

Senate Committee - Testified:   Collin Sprague, AWB (pro); Jan Gee, WA Retail Association (pro); Basil Badley, AIA (pro); Lewis Leigh, Washington Cities Insurance Authority (pro); Jeff Tilden, Washington Defense Trial Lawyers (pro); Sonja Alexander, City of Bellevue (pro); Loren Winterscheid, WSMA (pro); Ron Perry, WSTLA (con); Eugene Moen, WSTLA (con)