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1983-19 RESOLUTION NO. 83- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING ASSEMBLY BILL 1867 (BRADLEY) PERTAINING TO JOINT AND SEVERAL LIABILITY. WHEREAS, under existing law, in an action based upon negligence"or .. similar wrongful conduct against multiple tortfeasors for an indivisible-- injury, each of the tortfeasors is jointly and severally liable for--all compensable damages except that they are not liable for damages attributable- to the negligence of the plaintiff. However, tortfeasors may seek equitable'. indemnity from other tortfeasors; and �t WHEREAS, there is a rapidly increasing number of public liability lawsuits involving local public agencies as co—defendants along with private parties, under the doctrine of joint and severl liability; and WHEREAS, Some of the cases result in judgments exceeding $1 million; and WHEREAS, in cases of road accidents, the juries seem prone to finding the condition of the road less than perfect in some respect and, therefore, the facility of the local agency becomes a contributing factor to the accident; and WHEREAS, the juries are usually subject to forceful and repetitive efforts by the plaintiff's counsel to make sure the public agency is found to be at least one percent at fault, and are acquiesce to this pressure without understanding the significance of public agency involvement; and WHEREAS, significantly with joint and several liability when the defendants cannot pay all if its contributory share, the other defendant makes up the difference; and WHEREAS, Assembly Bill 1867, introduced by Assemblyman Bradley, would provide that an entity and/or party involved would only be liable to the extent of their contribution and/or involvement in the cases of injury; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace hereby supports and urges the passage of Assembly Bill 1867 (Bradley) , legislation that would provide that in an action for personal injury, property damage, or wrongful death, where an indivisible injury was caused by two or more persons, at least one of which is a public entity, the total damages would be equitably apportioned, and the public entity tortfeasor would be liable only for the damages allocated to it. A public employee would be treated the same as a public entity, as specified. The allocation would not apply to intentional injuries. BE IT FURTHER RESOLVED that appropriate letters and copies of this Resolution be forwarded to our State legislators. ADOPTED this 28th day of April , 1983. 'A TEST: i ty^ of the City of and Mayor o t Ci t o n e ace = �Ter_r_a��� _an d of the City Counci 1 and of the Ci y otmcil1 thereof. ;thereof. Approved as to form: City Attorney -2- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 28th day of April , 1983, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen Mayor Grant. NOES: None. ABSENT: None. City er the i ty of GrarrfiTerroce=- and of th City Council then STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full, true, and correct copy of Resolution No. 83-19 of said City, and that the same has not been amended or repealed. DATED: April 28, 1983. City Cl-"eof the City of Gra Terrace and of a City Council there O . - ffS �