HomeMy Public PortalAbout83-069 RESOLUTION NO. 83-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON URGING ELIMINATION OR REFORMATION OF THE
DOCTRINE OF JOINT AND SEVERAL LIABILITY
WHEREAS, the doctrine of joint and several liability makes each
co-defendant in a civil damage action based on negligence individually
liable for the entire amount of a plaintiff's damages regardless of his
degree of fault, and
WHEREAS, this represents a total departure from one of the most ancient
and basic concepts of tort law that liability be based on fault, and
WHEREAS, a defendant who may be only marginally liable for a plaintiff's
injuries may be forced to pay all damages because other defendants are
insolvent or judgment proof, and
WHEREAS, the joint and several liability doctrine has been particularly
unfair to public entities who are perceived as "deep pocket" defendants
and are often required to pay large damage awards in actions in which they
are minimally at fault, and
WHEREAS, plaintiffs routinely join as defendants public entities who
may be connected with their injuries only with the most extreme degree of
remoteness with the hope that a jury will attribute even a minimal degree of
liability to the entity, thereby assuring the satisfaction of their judgment
in full ; and
WHEREAS, the burden placed upon the taxpaying public as a result of the
joint and several liability doctrine is inequitable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Carson urge the Legislature of the State of California to eliminate or
reform the joint and several 'liability doctrine to limit the financial
liability of each defendant to the degree of his fault.
BE IT FURTHER RESOLVED that the Legislature of the State of California
be urged to enact SB 575 or some other legislative bill which will accomplish
these purposes.
BE IT FURTHER RESOLVED that copies of this resolution be sent to each
member of the State Legislature.
BE IT FURTHER RESOLVED that all cities, school districts and other
public entities in Los Angeles County be urged to adopt similar resolutions,
to be forwarded to the State Legislature.
PASSED, APPROVED AND ADOPTED this 2nd day of May 1983.
ATTEST: _.z-,�Mayor
City Clerk
Resolution No.83-069/Page 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City
is five; that the foregoing resolution, being Resolution No. 83-069 was
duly and regularly adopted by the City Council of said City at a regular meeting
of said Council , duly and regularly held on the 2nd day of May ,
19 83 and that the same was so passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Bridgers, Calas, Egan, Muise and Mills
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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City Clerk, City 6f Carso , alifornia