Joint and Several Liability Reform: SB 11 (1995).

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Bars application of the rule of joint and several liability


Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 51% at fault.  Provides that a plaintiff’s negligence will be measured separately against each defendant.  The statute retroactively abolishing joint liability for any defendant found to be less than 51% at fault violated the Due Process Clauses of the State and Federal Constitutions.

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