Laserfiche WebLink
CSCL-1. Tort Liability and Insurance (cont'd) (A) <br />complaint alleging conduct that may resulL in a punitivr damage claim. The <br />decision of Lhe city should be inadmissable in any trial in which the claim of <br />punitive damages is made. <br />3. The fault -based system of damage awards has apparently eroded. In <br />order to facilitate the return to a fault -based system, joint liability should <br />be abolished in cases where defendants have not acted in concert and a modified <br />comparative fault system should be used to evaluate the actions of other persons <br />involved with the injury and assess damages in proportion to the amount of each <br />person's fault. If however, the Legislature is unwilling to do this, it should <br />modify the 1986 legislative language dealing with joint liabil.icy to make it <br />apply to all defendants or establish a legislative rationale for having it apply <br />only to governmental entities. <br />4. In order to protect any enacted legislation from constitutional equal <br />protection challenge, the Legislature should establish rationales defining the <br />problem befnL addressed and the intent of the Legislature. <br />-15- <br />