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 . -
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