1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 38 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Richardson 10 Document Path: l:\s-res\shr\006join.mrh.doc 11 12 Introduced in the Senate on January 11, 2005 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Joint and several liability 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/8/2004 Senate Prefiled 22 12/8/2004 Senate Referred to Committee on Judiciary 23 1/11/2005 Senate Introduced and read first time SJ-99 24 1/11/2005 Senate Referred to Committee on Judiciary SJ-99 25 26 27 VERSIONS OF THIS BILL 28 29 12/8/2004 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 38, TITLE 15 OF THE 1976 CODE BY 12 ADDING SECTION 15-38-15, TO PROVIDE THAT JOINT 13 AND SEVERAL LIABILITY DOES NOT APPLY TO A 14 DEFENDANT WHO IS DETERMINED TO BE LESS THAN 15 TWENTY PERCENT AT FAULT, TO PROVIDE FOR THE 16 METHOD OF CALCULATING EACH DEFENDANT’S 17 PROPORTIONATE SHARE OF DAMAGES, AND TO 18 PROVIDE AN EXCEPTION FOR INTENTIONAL CONDUCT. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Chapter 38, Title 15 of the 1976 Code is amended 24 by adding: 25 26 “Section 15-38-15. (A) In an action to recover damages 27 resulting from personal injury, wrongful death, or damage to 28 property or to recover damages for economic loss resulting from 29 tortious conduct, if the damages are determined to be proximately 30 caused by more than one defendant, joint and several liability does 31 not apply to any defendant whose conduct is determined to be less 32 than twenty percent of the total fault for the damages as compared 33 with the fault of all the defendants. A defendant whose conduct is 34 determined to be less than twenty percent of total fault shall only 35 be liable for that percentage of the total damages awarded against 36 all defendants. Apportionment of percentages of fault among 37 defendants is to be determined as specified in subsection (C). 38 (B) The proportionate share of damages for which each 39 defendant is liable is calculated by multiplying the damages by a 40 fraction in which the numerator is the defendant’s percentage of 41 liability determined pursuant to subsection (C), and the 42 denominator is the total of the percentages of liability determined

1 [38] 1 1 pursuant to subsection (C), to be attributable to all defendants 2 whose actions are a proximate cause of the injury, death, damage 3 to property, or economic loss from tortious conduct. A percentage 4 of liability attributable to the claimant may not be included in the 5 denominator of the fraction. 6 (C) The jury, or the court if there is no jury, shall: 7 (1) specify the amount of damages; 8 (2) determine recoverable damages under applicable rules 9 concerning ‘comparative negligence;’ and 10 (3) Upon a motion by at least one defendant, where there is a 11 verdict under items (1) and (2) above for damages against two or 12 more defendants for the same injury, death, or damage to property, 13 specify in a separate verdict under the procedures described at 14 subitem (b) below the percentage of liability that proximately 15 caused the injury, death, damage to property, or economic loss 16 from tortious conduct in relation to one hundred percent, that is 17 attributable to each defendant whose actions are a proximate cause 18 of the injury, death, or damage to property. 19 (a) For this purpose, the court may determine that two or 20 more persons are to be treated as a single party. Such treatment 21 must be used where two or more defendants acted in concert or 22 where, by reason of agency, employment, or other legal 23 relationship, a defendant is vicariously responsible for the conduct 24 of another defendant. 25 (b) After the initial verdict awarding damages is entered 26 and before the special verdict on percentages of liability is 27 rendered, the parties shall be allowed oral argument, with the 28 length of such argument subject to the discretion of the trial judge, 29 on the apportionment of percentages of liability. However, no 30 additional evidence shall be allowed. 31 (D) In the event that the jury cannot reach a unanimous verdict 32 on the apportionment of fault, and the Court determines that that 33 the jury has made all reasonable efforts to do so, the Court will 34 instruct the jury to deliver a verdict approved by a majority vote. 35 (E) Notwithstanding the application of this section, setoff from 36 any settlement received from any potential tortfeasor prior to the 37 verdict shall be applied in proportion to each defendant’s 38 percentage of liability as determined pursuant to subsection (C). 39 (F) This section does not apply to a defendant whose conduct is 40 determined to be intentional.” 41 42 SECTION 2. This act takes effect July 1, 2005 and applies to all 43 actions arising or accruing on or after the effective date.

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