PRINTER'S NO. 2176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1630
Session of
2017
INTRODUCED BY FREEMAN, CALTAGIRONE, MULLERY, V. BROWN, SOLOMON
AND ROZZI, JUNE 28, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, further providing
for comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102(a.1)(3) and (d) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 7102. Comparative negligence.
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(a.1) Recovery against joint defendant; contribution.--
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(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.
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(iii) Where the 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.
(vi) In a case where a minor has a beneficial
interest.
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(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." Includes impleaded defendants.
"Minor." An individual under 18 years of age.
"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.
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"Plaintiff." Includes counter claimants and cross-claimants.
Section 2. 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 3. This act shall take effect immediately.
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