CORRECTIVE REPRINT

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN, FOLMER, SCARNATI, D. WHITE, BRUBAKER, VANCE, M. WHITE, SMUCKER, PIPPY, EICHELBERGER, MENSCH, RAFFERTY, WARD, YAW, PICCOLA AND ROBBINS, 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.

(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

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.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

modified by subsections (a) and [(b)] (a.1).

(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

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.