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| PRIOR PRINTER'S NO. 1322 | PRINTER'S NO. 1389 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF AND CORMAN, JUNE 13, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, JUNE 20, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in general provisions |
3 | relating to civil actions and proceedings, amending |
4 | provisions relating to comparative negligence. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 7102 of Title 42 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 7102. Comparative negligence. |
10 | (a) General rule.--In all actions brought to recover damages |
11 | for negligence resulting in death or injury to person or |
12 | property, the fact that the plaintiff may have been guilty of |
13 | contributory negligence shall not bar a recovery by the |
14 | plaintiff or his legal representative where such negligence was |
15 | not greater than the causal negligence of the defendant or |
16 | defendants against whom recovery is sought, but any damages |
17 | sustained by the plaintiff shall be diminished in proportion to |
18 | the amount of negligence attributed to the plaintiff. |
19 | (a.1) Recovery against joint defendant; contribution.-- |
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1 | (1) Where recovery is allowed against more than one |
2 | person, including actions for strict liability, and where |
3 | liability is attributed to more than one defendant, each |
4 | defendant shall be liable for that proportion of the total |
5 | dollar amount awarded as damages in the ratio of the amount |
6 | of that defendant's liability to the amount of liability |
7 | attributed to all defendants and other persons to whom |
8 | liability is apportioned under subsection (a.2). |
9 | (2) Except as set forth in paragraph (3), a defendant's |
10 | liability shall be several and not joint, and the court shall |
11 | enter a separate and several judgment in favor of the |
12 | plaintiff and against each defendant for the apportioned |
13 | amount of that defendant's liability. |
14 | (3) A defendant's liability in any of the following |
15 | actions shall be joint and several, and the court shall enter |
16 | a joint and several judgment in favor of the plaintiff and |
17 | against the defendant for the total dollar amount awarded as |
18 | damages: |
19 | (i) Intentional misrepresentation. |
20 | (ii) An intentional tort. |
21 | (iii) Where a the defendant has been held liable for | <-- |
22 | not less than 60% of the total liability apportioned to |
23 | all parties. |
24 | (iv) A release or threatened release of a hazardous |
25 | substance under section 702 of the act of October 18, |
26 | 1988 (P.L.756, No.108), known as the Hazardous Sites |
27 | Cleanup Act. |
28 | (v) A civil action in which a defendant has violated |
29 | section 497 of the act of April 12, 1951 (P.L.90, No.21), |
30 | known as the Liquor Code. |
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1 | (vi) In the case of economic damages. | <-- |
2 | (vii) In a case where a minor has a beneficial |
3 | interest. |
4 | (4) Where a defendant has been held jointly and |
5 | severally liable under this subsection and discharges by |
6 | payment more than that defendant's proportionate share of the |
7 | total liability, that defendant is entitled to recover |
8 | contribution from defendants who have paid less than their |
9 | proportionate share. Further, in any case, any defendant may |
10 | recover from any other person all or a portion of the damages |
11 | assessed that defendant pursuant to the terms of a |
12 | contractual agreement. |
13 | (a.2) Apportionment of responsibility among certain |
14 | nonparties and effect.--For purposes of apportioning liability |
15 | only, the question of liability of any defendant or other person |
16 | who has entered into a release with the plaintiff with respect |
17 | to the action and who is not a party shall be transmitted to the |
18 | trier of fact upon appropriate requests and proofs by any party. |
19 | A person whose liability may be determined pursuant to this |
20 | section does not include an employer to the extent that the |
21 | employer is granted immunity from liability or suit pursuant to |
22 | the act of June 2, 1915 (P.L.736, No.338), known as the Workers' |
23 | Compensation Act. An attribution of responsibility to any person |
24 | or entity as provided in this subsection shall not be admissible |
25 | or relied upon in any other action or proceeding for any |
26 | purpose. Nothing in this section shall affect the admissibility |
27 | or nonadmissibility of evidence regarding releases, settlements, |
28 | offers to compromise or compromises as set forth in the |
29 | Pennsylvania Rules of Evidence. Nothing in this section shall |
30 | affect the rules of joinder of parties as set forth in the |
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1 | Pennsylvania Rules of Civil Procedure. |
2 | [(b) Recovery against joint defendant; contribution.--Where |
3 | recovery is allowed against more than one defendant, each |
4 | defendant shall be liable for that proportion of the total |
5 | dollar amount awarded as damages in the ratio of the amount of |
6 | his causal negligence to the amount of causal negligence |
7 | attributed to all defendants against whom recover is allowed. |
8 | The plaintiff may recover the full amount of the allowed |
9 | recovery from any defendant against whom the plaintiff is not |
10 | barred from recovery. Any defendant who is so compelled to pay |
11 | more than his percentage share may seek contribution.] |
12 | (b.3) Off-road vehicle riding.-- |
13 | (1) Off-road vehicle riding area operators shall have no |
14 | duty to protect riders from common, frequent, expected and |
15 | nonnegligent risks inherent to the activity, including |
16 | collisions with riders or objects. |
17 | (2) The doctrine of knowing voluntary assumption of risk |
18 | shall apply to all actions to recover damages for negligence |
19 | resulting in death or injury to person or property brought |
20 | against any off-road vehicle riding area operator. |
21 | (3) Nothing in this subsection shall be construed in any |
22 | way to abolish or modify a cause of action against a |
23 | potentially responsible party other than an off-road vehicle |
24 | riding area operator. |
25 | (c) Downhill skiing.-- |
26 | (1) The General Assembly finds that the sport of |
27 | downhill skiing is practiced by a large number of citizens of |
28 | this Commonwealth and also attracts to this Commonwealth |
29 | large numbers of nonresidents significantly contributing to |
30 | the economy of this Commonwealth. It is recognized that as in |
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1 | some other sports, there are inherent risks in the sport of |
2 | downhill skiing. |
3 | (2) The doctrine of voluntary assumption of risk as it |
4 | applies to downhill skiing injuries and damages is not |
5 | modified by subsections (a) and [(b)] (a.1). |
6 | (c.2) Savings provisions.--Nothing in this section shall be |
7 | construed in any way to create, abolish or modify a cause of |
8 | action or to limit a party's right to join another potentially |
9 | responsible party. |
10 | (d) Definitions.--As used in this section the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection: |
13 | "Defendant or defendants [against whom recovery is sought]." |
14 | Includes impleaded defendants. |
15 | "Economic damages." Objectively verifiable monetary losses, | <-- |
16 | including medical expenses, loss of earnings, burial costs, loss |
17 | of use of property, costs of repair or replacement, costs of |
18 | obtaining substitute domestic services, loss of employment and |
19 | loss of business or employment opportunities. |
20 | "Minor." A person under 18 years of age. |
21 | "Off-road vehicle." A motorized vehicle that is used off- |
22 | road for sport or recreation. The term includes snowmobiles, |
23 | all-terrain vehicles, motorcycles and four-wheel drive vehicles. |
24 | "Off-road vehicle riding area." Any area or facility |
25 | providing recreational activities for off-road vehicles. |
26 | "Off-road vehicle riding area operator." A person or |
27 | organization owning or having operational responsibility for any |
28 | off-road vehicle riding area. The term includes: |
29 | (1) Agencies and political subdivisions of this |
30 | Commonwealth. |
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1 | (2) Authorities created by political subdivisions. |
2 | (3) Private companies. |
3 | "Plaintiff." Includes counter claimants and cross-claimants. |
4 | Section 2. Nothing in the amendment of 42 Pa.C.S § 7102 or |
5 | in the act of June 19, 2002 (P.L.394, No.57), entitled "An act |
6 | amending Title 42 (Judiciary and Judicial Procedure) of the |
7 | Pennsylvania Consolidated Statutes, providing for DNA testing of |
8 | certain offenders; reestablishing the State DNA Data Base and |
9 | the State DNA Data Bank; further providing for duties of the |
10 | Pennsylvania State Police; imposing costs on certain offenders; |
11 | reestablishing the DNA Detection Fund; further providing for the |
12 | apportionment of liability and damages; imposing penalties; and |
13 | making a repeal," shall be construed to diminish the immunity of |
14 | an employer to the extent that the employer is granted immunity |
15 | from liability or suit pursuant to the act of June 2, 1915 |
16 | (P.L.736, No.338), known as the Workers' Compensation Act. |
17 | Section 3. The amendment of 42 Pa.C.S. § 7102 shall apply to |
18 | causes of action which accrue on or after the effective date of |
19 | this section. |
20 | Section 4. This act shall take effect immediately. |
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