PRINTER'S NO. 458
No. 435 Session of 2005
INTRODUCED BY CORMAN, PICCOLA, ARMSTRONG, BRIGHTBILL, EARLL,
GORDNER, JUBELIRER, MADIGAN, PIPPY, PUNT, RAFFERTY, ROBBINS,
SCARNATI, THOMPSON, TOMLINSON, VANCE, WAUGH, WENGER,
D. WHITE, M. WHITE, C. WILLIAMS, WONDERLING AND REGOLA,
MARCH 22, 2005
REFERRED TO JUDICIARY, MARCH 22, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, reenacting provisions
3 relating to comparative negligence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7102(b.1), (b.2), (c)(2), (c.1) and (d)
7 of Title 42 of the Pennsylvania Consolidated Statutes are
8 reenacted to read:
9 § 7102. Comparative negligence.
10 * * *
11 (b.1) Recovery against joint defendant; contribution.--
12 (1) Where recovery is allowed against more than one
13 person, including actions for strict liability, and where
14 liability is attributed to more than one defendant, each
15 defendant shall be liable for that proportion of the total
16 dollar amount awarded as damages in the ratio of the amount
17 of that defendant's liability to the amount of liability
1 attributed to all defendants and other persons to whom
2 liability is apportioned under subsection (b.2).
3 (2) Except as set forth in paragraph (3), a defendant's
4 liability shall be several and not joint, and the court shall
5 enter a separate and several judgment in favor of the
6 plaintiff and against each defendant for the apportioned
7 amount of that defendant's liability.
8 (3) A defendant's liability in any of the following
9 actions shall be joint and several, and the court shall enter
10 a joint and several judgment in favor of the plaintiff and
11 against the defendant for the total dollar amount awarded as
12 damages:
13 (i) Intentional misrepresentation.
14 (ii) An intentional tort.
15 (iii) Where a defendant has been held liable for not
16 less than 60% of the total liability apportioned to all
17 parties.
18 (iv) A release or threatened release of a hazardous
19 substance under section 702 of the act of October 18,
20 1988 (P.L.756, No.108), known as the Hazardous Sites
21 Cleanup Act.
22 (v) A civil action in which a defendant has violated
23 section 497 of the act of April 12, 1951 (P.L.90, No.21),
24 known as the Liquor Code.
25 (4) Where a defendant has been held jointly and
26 severally liable under this subsection and discharges by
27 payment more than that defendant's proportionate share of the
28 total liability, that defendant is entitled to recover
29 contribution from defendants who have paid less than their
30 proportionate share. Further, in any case, any defendant may
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1 recover from any other person all or a portion of the damages
2 assessed that defendant pursuant to the terms of a
3 contractual agreement.
4 (b.2) Apportionment of responsibility among certain
5 nonparties and effect.--For purposes of apportioning liability
6 only, the question of liability of any defendant or other person
7 who has entered into a release with the plaintiff with respect
8 to the action and who is not a party shall be transmitted to the
9 trier of fact upon appropriate requests and proofs by any party.
10 A person whose liability may be determined pursuant to this
11 section does not include an employer to the extent that the
12 employer is granted immunity from liability or suit pursuant to
13 the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
14 Compensation Act. An attribution of responsibility to any person
15 or entity as provided in this subsection shall not be admissible
16 or relied upon in any other action or proceeding for any
17 purpose. Nothing in this section shall affect the admissibility
18 or nonadmissibility of evidence regarding releases, settlements,
19 offers to compromise or compromises as set forth in the
20 Pennsylvania Rules of Evidence. Nothing in this section shall
21 affect the rules of joinder of parties as set forth in the
22 Pennsylvania Rules of Civil Procedure.
23 * * *
24 (c) Downhill skiing.--
25 * * *
26 (2) The doctrine of voluntary assumption of risk as it
27 applies to downhill skiing injuries and damages is not
28 modified by subsections (a) and (b.1).
29 (c.1) Savings provisions.--Nothing in this section shall be
30 construed in any way to create, abolish or modify a cause of
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1 action or to limit a party's right to join another potentially
2 responsible party.
3 (d) Definitions.--As used in this section the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Defendant or defendants." Includes impleaded defendants.
7 "Off-road vehicle." A motorized vehicle that is used off-
8 road for sport or recreation. The term includes snowmobiles,
9 all-terrain vehicles, motorcycles and four-wheel drive vehicles.
10 "Off-road vehicle riding area." Any area or facility
11 providing recreational activities for off-road vehicles.
12 "Off-road vehicle riding area operator." A person or
13 organization owning or having operational responsibility for any
14 off-road vehicle riding area. The term includes:
15 (1) Agencies and political subdivisions of this
16 Commonwealth.
17 (2) Authorities created by political subdivisions.
18 (3) Private companies.
19 "Plaintiff." Includes counter claimants and cross-claimants.
20 Section 2. Nothing in the reenactment of 42 Pa.C.S. §
21 7102(b.1), (b.2), (c)(2), (c.1) and (d) or in the act of June
22 19, 2002 (P.L.394, No.57), entitled "An act amending Title 42
23 (Judiciary and Judicial Procedure) of the Pennsylvania
24 Consolidated Statutes, providing for DNA testing of certain
25 offenders; reestablishing the State DNA Data Base and the State
26 DNA Data Bank; further providing for duties of the Pennsylvania
27 State Police; imposing costs on certain offenders;
28 reestablishing the DNA Detection Fund; further providing for the
29 apportionment of liability and damages; imposing penalties; and
30 making a repeal," shall be construed to diminish the immunity of
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1 an employer to the extent that the employer is granted immunity
2 from liability or suit pursuant to the act of June 2, 1915
3 (P.L.736, No.338), known as the Workers' Compensation Act.
4 Section 3. The reenactment of 42 Pa.C.S. § 7102(b.1), (b.2),
5 (c)(2), (c.1) and (d) shall apply to causes of action which
6 accrue after August 18, 2002.
7 Section 4. This act shall take effect immediately.
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