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S. 38
STATUS INFORMATION
General Bill
Sponsors: Senator Richardson
Document Path: l:\s-res\shr\006join.mrh.doc
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Joint and several liability
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Judiciary 1/11/2005 Senate Introduced and read first time SJ-99 1/11/2005 Senate Referred to Committee on Judiciary SJ-99
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 38, TITLE 15 OF THE 1976 CODE BY ADDING SECTION 15-38-15, TO PROVIDE THAT JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS DETERMINED TO BE LESS THAN TWENTY PERCENT AT FAULT, TO PROVIDE FOR THE METHOD OF CALCULATING EACH DEFENDANT'S PROPORTIONATE SHARE OF DAMAGES, AND TO PROVIDE AN EXCEPTION FOR INTENTIONAL CONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38, Title 15 of the 1976 Code is amended by adding:
"Section 15-38-15. (A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss resulting from tortious conduct, if the damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than twenty percent of the total fault for the damages as compared with the fault of all the defendants. A defendant whose conduct is determined to be less than twenty percent of total fault shall only be liable for that percentage of the total damages awarded against all defendants. Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).
(B) The proportionate share of damages for which each defendant is liable is calculated by multiplying the damages by a fraction in which the numerator is the defendant's percentage of liability determined pursuant to subsection (C), and the denominator is the total of the percentages of liability determined pursuant to subsection (C), to be attributable to all defendants whose actions are a proximate cause of the injury, death, damage to property, or economic loss from tortious conduct. A percentage of liability attributable to the claimant may not be included in the denominator of the fraction.
(C) The jury, or the court if there is no jury, shall:
(1) specify the amount of damages;
(2) determine recoverable damages under applicable rules concerning 'comparative negligence;' and
(3) Upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the injury, death, damage to property, or economic loss from tortious conduct in relation to one hundred percent, that is attributable to each defendant whose actions are a proximate cause of the injury, death, or damage to property.
(a) For this purpose, the court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more defendants acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant is vicariously responsible for the conduct of another defendant.
(b) After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the apportionment of percentages of liability. However, no additional evidence shall be allowed.
(D) In the event that the jury cannot reach a unanimous verdict on the apportionment of fault, and the Court determines that that the jury has made all reasonable efforts to do so, the Court will instruct the jury to deliver a verdict approved by a majority vote.
(E) Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant's percentage of liability as determined pursuant to subsection (C).
(F) This section does not apply to a defendant whose conduct is determined to be intentional."
SECTION 2. This act takes effect July 1, 2005 and applies to all actions arising or accruing on or after the effective date.
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