Bill Text: PA SB2 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amending provisions relating to comparative negligence.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced - Dead) 2011-02-10 - Corrective Reprint, Printer's No. 456 [SB2 Detail]

Download: Pennsylvania-2011-SB2-Introduced.html

---

PRINTER'S NO. 142
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 2 Session of2011
INTRODUCED BY CORMAN, FOLMER, SCARNATI, D. WHITE, BRUBAKER, VANCE, M. WHITE, SMUCKER, PIPPY, EICHELBERGER, MENSCH, RAFFERTY, WARD AND YAW, JANUARY 18, 2011
REFERRED TO JUDICIARY, JANUARY 18, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, amending provisions
relating to comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7102. Comparative negligence.
(a) General rule.--In all actions brought to recover damages
for negligence resulting in death or injury to person or
property, the fact that the plaintiff may have been guilty of
contributory negligence shall not bar a recovery by the
plaintiff or his legal representative where such negligence was
not greater than the causal negligence of the defendant or
defendants against whom recovery is sought, but any damages
sustained by the plaintiff shall be diminished in proportion to
the amount of negligence attributed to the plaintiff.
(a.1) Recovery against joint defendant; contribution.--
(1) Where recovery is allowed against more than one
person, including actions for strict liability, and where
liability is attributed to more than one defendant, each
defendant shall be liable for that proportion of the total
dollar amount awarded as damages in the ratio of the amount
of that defendant's liability to the amount of liability
attributed to all defendants and other persons to whom
liability is apportioned under subsection (a.2).
(2) Except as set forth in paragraph (3), a defendant's
liability shall be several and not joint, and the court shall
enter a separate and several judgment in favor of the
plaintiff and against each defendant for the apportioned
amount of that defendant's liability.
(3) A defendant's liability in any of the following
actions shall be joint and several, and the court shall enter
a joint and several judgment in favor of the plaintiff and
against the defendant for the total dollar amount awarded as
damages:
(i) Intentional misrepresentation.
(ii) An intentional tort.
(iii) Where a defendant has been held liable for not
less than 60% of the total liability apportioned to all
parties.
(iv) A release or threatened release of a hazardous
substance under section 702 of the act of October 18,
1988 (P.L.756, No.108), known as the Hazardous Sites
Cleanup Act.
(v) A civil action in which a defendant has violated
section 497 of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code.
20110SB0002PN0142 - 2 -
(4) Where a defendant has been held jointly and
severally liable under this subsection and discharges by
payment more than that defendant's proportionate share of the
total liability, that defendant is entitled to recover
contribution from defendants who have paid less than their
proportionate share. Further, in any case, any defendant may
recover from any other person all or a portion of the damages
assessed that defendant pursuant to the terms of a
contractual agreement.
(a.2) Apportionment of responsibility among certain
nonparties and effect.--For purposes of apportioning liability
only, the question of liability of any defendant or other person
who has entered into a release with the plaintiff with respect
to the action and who is not a party shall be transmitted to the
trier of fact upon appropriate requests and proofs by any party.
A person whose liability may be determined pursuant to this
section does not include an employer to the extent that the
employer is granted immunity from liability or suit pursuant to
the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act. An attribution of responsibility to any person
or entity as provided in this subsection shall not be admissible
or relied upon in any other action or proceeding for any
purpose. Nothing in this section shall affect the admissibility
or nonadmissibility of evidence regarding releases, settlements,
offers to compromise or compromises as set forth in the
Pennsylvania Rules of Evidence. Nothing in this section shall
affect the rules of joinder of parties as set forth in the
Pennsylvania Rules of Civil Procedure.
[(b) Recovery against joint defendant; contribution.--Where
recovery is allowed against more than one defendant, each
20110SB0002PN0142 - 3 -
defendant shall be liable for that proportion of the total
dollar amount awarded as damages in the ratio of the amount of
his causal negligence to the amount of causal negligence
attributed to all defendants against whom recover is allowed.
The plaintiff may recover the full amount of the allowed
recovery from any defendant against whom the plaintiff is not
barred from recovery. Any defendant who is so compelled to pay
more than his percentage share may seek contribution.
(b.1) Recovery against joint defendant; contribution.--
(1) Where recovery is allowed against more than one
person, including actions for strict liability, and where
liability is attributed to more than one defendant, each
defendant shall be liable for that proportion of the total
dollar amount awarded as damages in the ratio of the amount
of that defendant's liability to the amount of liability
attributed to all defendants and other persons to whom
liability is apportioned under subsection (b.2).
(2) Except as set forth in paragraph (3), a defendant's
liability shall be several and not joint, and the court shall
enter a separate and several judgment in favor of the
plaintiff and against each defendant for the apportioned
amount of that defendant's liability.
(3) A defendant's liability in any of the following
actions shall be joint and several, and the court shall enter
a joint and several judgment in favor of the plaintiff and
against the defendant for the total dollar amount awarded as
damages:
(i) Intentional misrepresentation.
(ii) An intentional tort.
(iii) Where a defendant has been held liable for not
20110SB0002PN0142 - 4 -
less than 60% of the total liability apportioned to all
parties.
(iv) A release or threatened release of a hazardous
substance under section 702 of the act of October 18,
1988 (P.L.756, No.108), known as the Hazardous Sites
Cleanup Act.
(v) A civil action in which a defendant has violated
section 497 of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code.
(4) Where a defendant has been held jointly and
severally liable under this subsection and discharges by
payment more than that defendant's proportionate share of the
total liability, that defendant is entitled to recover
contribution from defendants who have paid less than their
proportionate share. Further, in any case, any defendant may
recover from any other person all or a portion of the damages
assessed that defendant pursuant to the terms of a
contractual agreement.
(b.2) Apportionment of responsibility among certain
nonparties and effect.--For purposes of apportioning liability
only, the question of liability of any defendant or other person
who has entered into a release with the plaintiff with respect
to the action and who is not a party shall be transmitted to the
trier of fact upon appropriate requests and proofs by any party.
A person whose liability may be determined pursuant to this
section does not include an employer to the extent that the
employer is granted immunity from liability or suit pursuant to
the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act. An attribution of responsibility to any person
or entity as provided in this subsection shall not be admissible
20110SB0002PN0142 - 5 -
or relied upon in any other action or proceeding for any
purpose. Nothing in this section shall affect the admissibility
or nonadmissibility of evidence regarding releases, settlements,
offers to compromise or compromises as set forth in the
Pennsylvania Rules of Evidence. Nothing in this section shall
affect the rules of joinder of parties as set forth in the
Pennsylvania Rules of Civil Procedure.]
(b.3) Off-road vehicle riding.--
(1) Off-road vehicle riding area operators shall have no
duty to protect riders from common, frequent, expected and
nonnegligent risks inherent to the activity, including
collisions with riders or objects.
(2) The doctrine of knowing voluntary assumption of risk
shall apply to all actions to recover damages for negligence
resulting in death or injury to person or property brought
against any off-road vehicle riding area operator.
(3) Nothing in this subsection shall be construed in any
way to abolish or modify a cause of action against a
potentially responsible party other than an off-road vehicle
riding area operator.
(c) Downhill skiing.--
(1) The General Assembly finds that the sport of
downhill skiing is practiced by a large number of citizens of
this Commonwealth and also attracts to this Commonwealth
large numbers of nonresidents significantly contributing to
the economy of this Commonwealth. It is recognized that as in
some other sports, there are inherent risks in the sport of
downhill skiing.
(2) The doctrine of voluntary assumption of risk as it
applies to downhill skiing injuries and damages is not
20110SB0002PN0142 - 6 -
modified by subsections (a) and [(b)] (a.1).
[(c.1) Savings provisions.--Nothing in this section shall be
construed in any way to create, abolish or modify a cause of
action or to limit a party's right to join another potentially
responsible party.]
(c.2) Savings provisions.--Nothing in this section shall be
construed in any way to create, abolish or modify a cause of
action or to limit a party's right to join another potentially
responsible party.
(d) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Defendant or defendants [against whom recovery is sought]."
Includes impleaded defendants.
"Off-road vehicle." A motorized vehicle that is used off-
road for sport or recreation. The term includes snowmobiles,
all-terrain vehicles, motorcycles and four-wheel drive vehicles.
"Off-road vehicle riding area." Any area or facility
providing recreational activities for off-road vehicles.
"Off-road vehicle riding area operator." A person or
organization owning or having operational responsibility for any
off-road vehicle riding area. The term includes:
(1) Agencies and political subdivisions of this
Commonwealth.
(2) Authorities created by political subdivisions.
(3) Private companies.
"Plaintiff." Includes counter claimants and cross-claimants.
Section 2. Nothing in the amendment of 42 Pa.C.S § 7102 or
in the act of June 19, 2002 (P.L.394, No.57), entitled "An act
amending Title 42 (Judiciary and Judicial Procedure) of the
20110SB0002PN0142 - 7 -
Pennsylvania Consolidated Statutes, providing for DNA testing of
certain offenders; reestablishing the State DNA Data Base and
the State DNA Data Bank; further providing for duties of the
Pennsylvania State Police; imposing costs on certain offenders;
reestablishing the DNA Detection Fund; further providing for the
apportionment of liability and damages; imposing penalties; and
making a repeal," shall be construed to diminish the immunity of
an employer to the extent that the employer is granted immunity
from liability or suit pursuant to the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act.
Section 3. The amendment of 42 Pa.C.S. § 7102 shall apply to
causes of action which accrue on or after the effective date of
this section.
Section 4. This act shall take effect immediately.
20110SB0002PN0142 - 8 -