Joint and Several Liability Reform: HB 1038 (2003)
Provides for a modified repeal of joint and several liability
Provides for a modified repeal of joint and several liability instead of complete repeal, whereby defendants who are found to be 1 percent to 10 percent at fault will only be responsible for the percentage of damage caused, defendants who are 11 percent to 50 percent at fault could have their share of a judgment increased up to an additional 10% if a co-defendant is unable to pay its share of a judgment, and defendants who are 51% to 99% at fault could have their share of a judgment increased up to an additional 20% if a co-defendant is unable to pay its share of the judgment. The reform applies to all damages except punitive damages. Reform provisions also do not apply to cases involving long-term care facility medical directors.
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