HB2002 S JUD AMT#1

Kleeh 7824

            The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

            Eng. Com. Sub. For House Bill 2002-- A BILL to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; codifying the existing modified comparative fault standard related to a plaintiff’s level of fault and ability to recover; establishing a reallocation process for any uncollectible judgments; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; addressing liability of defendants when a plaintiff is injured related to commission of a felony criminal act; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; providing for the burden of proof and limitations; excepting certain statutory sections related to liability from this bill’s application; and defining terms.

Adopted

Rejected