HomeMy WebLinkAboutReso 020-83 Jt&SeveralLiability RESOLUTION NO. 20 - 83
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGARDING
JOINT AND SEVERAL LIABILITY
WHEREAS, the present legal doctrine of joint and several
liability makes co-defendants in a single cause of action individually
liable for the entire amount of damages awarded; and
WHEREAS, a plantiff in a civil action may collect his award
for damages from a single co-defendant if he so chooses; and
WHEREAS, in such case the paying co-defendant must seek
reimbursement from the remaining co-defendants; and
WHEREAS, if the remaining co-defendants are insolvent or
judgment-proof, the paying co-defendant may be left with the entire
cost of the award for damages; and
WHEREAS, exposure to such financial liability bears no direct
relation to the proportion of legal fault of the respective co-
defendants; and
WHEREAS, public agency co-defendants, because of their "deep
pocket" ability to pay, are often made to pay large damage awards in
civil actions in which they are minimally at fault; and
WHEREAS, the burden placed upon the taxpayer as a result of
the current doctrine of joint and several liability is inequitable and
improperly makes public agencies insurers for the negligence of others;
NOW, THEREFORE, BE IT RESOLVED, the doctrine of joint and
several liabliity should be reformed to make financial liability
reflect more closely legal liability; and
BE IT FURTHER RESOLVED, Senate Bill 575, introduced by
Senator Foran on February 24, 1983, represents an equitable proposal to
reform the current doctrine of joint and several liability; and
BE IT THEREFORE RESOLVED, the Legislature is urged most
strongly to secure the enactment of the provisions of such Senate Bill
575.
PASSED, APPROVED AND ADOPTED this 9th day of May, 1983.
AYES:
Councilmembers Burton, Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ATTEST:
ABSENT: None
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