PRINTER'S NO.  1322

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1131

Session of

2011

  

  

INTRODUCED BY GREENLEAF, JUNE 13, 2011

  

  

REFERRED TO JUDICIARY, JUNE 13, 2011  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, in general provisions

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relating to civil actions and proceedings, amending

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provisions relating to comparative negligence.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 7102 of Title 42 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 7102.  Comparative negligence.

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(a)  General rule.--In all actions brought to recover damages

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for negligence resulting in death or injury to person or

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property, the fact that the plaintiff may have been guilty of

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contributory negligence shall not bar a recovery by the

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plaintiff or his legal representative where such negligence was

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not greater than the causal negligence of the defendant or

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defendants against whom recovery is sought, but any damages

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sustained by the plaintiff shall be diminished in proportion to

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the amount of negligence attributed to the plaintiff.

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(a.1)  Recovery against joint defendant; contribution.--

 


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(1)  Where recovery is allowed against more than one

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person, including actions for strict liability, and where

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liability is attributed to more than one defendant, each

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defendant shall be liable for that proportion of the total

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dollar amount awarded as damages in the ratio of the amount

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of that defendant's liability to the amount of liability

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attributed to all defendants and other persons to whom

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liability is apportioned under subsection (a.2).

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(2)  Except as set forth in paragraph (3), a defendant's

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liability shall be several and not joint, and the court shall

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enter a separate and several judgment in favor of the

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plaintiff and against each defendant for the apportioned

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amount of that defendant's liability.

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(3)  A defendant's liability in any of the following

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actions shall be joint and several, and the court shall enter

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a joint and several judgment in favor of the plaintiff and

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against the defendant for the total dollar amount awarded as

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damages:

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(i)  Intentional misrepresentation.

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(ii)  An intentional tort.

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(iii)  Where a defendant has been held liable for not

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less than 60% of the total liability apportioned to all

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parties.

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(iv)  A release or threatened release of a hazardous

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substance under section 702 of the act of October 18,

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1988 (P.L.756, No.108), known as the Hazardous Sites

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Cleanup Act.

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(v)  A civil action in which a defendant has violated

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section 497 of the act of April 12, 1951 (P.L.90, No.21),

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known as the Liquor Code.

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(vi)  In the case of economic damages.

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(vii)  In a case where a minor has a beneficial

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interest.

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(4)  Where a defendant has been held jointly and

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severally liable under this subsection and discharges by

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payment more than that defendant's proportionate share of the

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total liability, that defendant is entitled to recover

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contribution from defendants who have paid less than their

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proportionate share. Further, in any case, any defendant may

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recover from any other person all or a portion of the damages

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assessed that defendant pursuant to the terms of a

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contractual agreement.

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(a.2)  Apportionment of responsibility among certain

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nonparties and effect.--For purposes of apportioning liability

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only, the question of liability of any defendant or other person

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who has entered into a release with the plaintiff with respect

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to the action and who is not a party shall be transmitted to the

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trier of fact upon appropriate requests and proofs by any party.

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A person whose liability may be determined pursuant to this

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section does not include an employer to the extent that the

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employer is granted immunity from liability or suit pursuant to

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the act of June 2, 1915 (P.L.736, No.338), known as the Workers'

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Compensation Act. An attribution of responsibility to any person

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or entity as provided in this subsection shall not be admissible

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or relied upon in any other action or proceeding for any

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purpose. Nothing in this section shall affect the admissibility

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or nonadmissibility of evidence regarding releases, settlements,

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offers to compromise or compromises as set forth in the

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Pennsylvania Rules of Evidence. Nothing in this section shall

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affect the rules of joinder of parties as set forth in the

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Pennsylvania Rules of Civil Procedure.

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[(b)  Recovery against joint defendant; contribution.--Where

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recovery is allowed against more than one defendant, each

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defendant shall be liable for that proportion of the total

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dollar amount awarded as damages in the ratio of the amount of

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his causal negligence to the amount of causal negligence

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attributed to all defendants against whom recover is allowed.

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The plaintiff may recover the full amount of the allowed

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recovery from any defendant against whom the plaintiff is not

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barred from recovery. Any defendant who is so compelled to pay

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more than his percentage share may seek contribution.]

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(b.3)  Off-road vehicle riding.--

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(1)  Off-road vehicle riding area operators shall have no

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duty to protect riders from common, frequent, expected and

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nonnegligent risks inherent to the activity, including

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collisions with riders or objects.

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(2)  The doctrine of knowing voluntary assumption of risk

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shall apply to all actions to recover damages for negligence

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resulting in death or injury to person or property brought

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against any off-road vehicle riding area operator.

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(3)  Nothing in this subsection shall be construed in any

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way to abolish or modify a cause of action against a

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potentially responsible party other than an off-road vehicle

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riding area operator.

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(c)  Downhill skiing.--

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(1)  The General Assembly finds that the sport of

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downhill skiing is practiced by a large number of citizens of

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this Commonwealth and also attracts to this Commonwealth

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large numbers of nonresidents significantly contributing to

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the economy of this Commonwealth. It is recognized that as in

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some other sports, there are inherent risks in the sport of

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downhill skiing.

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(2)  The doctrine of voluntary assumption of risk as it

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applies to downhill skiing injuries and damages is not

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

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(c.2)  Savings provisions.--Nothing in this section shall be

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construed in any way to create, abolish or modify a cause of

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action or to limit a party's right to join another potentially

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responsible party.

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(d)  Definitions.--As used in this section the following

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words and phrases shall have the meanings given to them in this

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subsection:

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"Defendant or defendants [against whom recovery is sought]."

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Includes impleaded defendants.

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"Economic damages."  Objectively verifiable monetary losses,

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including medical expenses, loss of earnings, burial costs, loss

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of use of property, costs of repair or replacement, costs of

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obtaining substitute domestic services, loss of employment and

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loss of business or employment opportunities.

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"Minor."  A person under 18 years of age.

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"Off-road vehicle."  A motorized vehicle that is used off-

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road for sport or recreation. The term includes snowmobiles,

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all-terrain vehicles, motorcycles and four-wheel drive vehicles.

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"Off-road vehicle riding area."  Any area or facility

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providing recreational activities for off-road vehicles.

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"Off-road vehicle riding area operator."  A person or

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organization owning or having operational responsibility for any

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off-road vehicle riding area. The term includes:

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(1)  Agencies and political subdivisions of this

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Commonwealth.

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(2)  Authorities created by political subdivisions.

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(3)  Private companies.

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"Plaintiff."  Includes counter claimants and cross-claimants.

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Section 2.  Nothing in the amendment of 42 Pa.C.S § 7102 or

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in the act of June 19, 2002 (P.L.394, No.57), entitled "An act

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amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, providing for DNA testing of

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certain offenders; reestablishing the State DNA Data Base and

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the State DNA Data Bank; further providing for duties of the

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Pennsylvania State Police; imposing costs on certain offenders;

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reestablishing the DNA Detection Fund; further providing for the

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apportionment of liability and damages; imposing penalties; and

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making a repeal," shall be construed to diminish the immunity of

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an employer to the extent that the employer is granted immunity

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from liability or suit pursuant to the act of June 2, 1915

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(P.L.736, No.338), known as the Workers' Compensation Act.

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Section 3.  The amendment of 42 Pa.C.S. § 7102 shall apply to

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causes of action which accrue on or after the effective date of

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this section.

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Section 4.  This act shall take effect immediately.

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