PRINTER'S NO. 1856
No. 1376 Session of 2002
INTRODUCED BY MOWERY, PICCOLA, THOMPSON, WENGER, CORMAN,
ROBBINS, BELL, ERICKSON, SCARNATI, PUNT, D. WHITE, MADIGAN,
ARMSTRONG, DENT AND WAUGH, APRIL 5, 2002
REFERRED TO JUDICIARY, APRIL 5, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 actions for negligence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7102 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 7102. Comparative [negligence] responsibility.
9 [(a) General rule.--In all actions brought to recover
10 damages for negligence resulting in death or injury to person or
11 property, the fact that the plaintiff may have been guilty of
12 contributory negligence shall not bar a recovery by the
13 plaintiff or his legal representative where such negligence was
14 not greater than the causal negligence of the defendant or
15 defendants against whom recovery is sought, but any damages
16 sustained by the plaintiff shall be diminished in proportion to
17 the amount of negligence attributed to the plaintiff.
18 (b) Recovery against joint defendant; contribution.--Where
1 recovery is allowed against more than one defendant, each
2 defendant shall be liable for that proportion of the total
3 dollar amount awarded as damages in the ratio of the amount of
4 his causal negligence to the amount of causal negligence
5 attributed to all defendants against whom recovery is allowed.
6 The plaintiff may recover the full amount of the allowed
7 recovery from any defendant against whom the plaintiff is not
8 barred from recovery. Any defendant who is so compelled to pay
9 more than his percentage share may seek contribution.]
10 (a) Effect of plaintiff's negligence.--In all actions
11 brought to recover damages for death, for injury to person or
12 property or for economic loss, and in which the plaintiff's
13 negligence is relevant to a claim or defense, the fact that the
14 plaintiff may have been guilty of contributory negligence shall
15 not bar a recovery by the plaintiff or his legal representative
16 where the causal responsibility of the plaintiff is not greater
17 than the causal responsibility of the defendant or defendants to
18 whom causal responsibility is attributed, but any damages
19 recoverable by the plaintiff shall be diminished in proportion
20 to the amount of the causal responsibility attributed to the
21 plaintiff. In any action for wrongful death or in any action in
22 which the plaintiff's cause of action is derived through another
23 person, the causal responsibility of the decedent or the person
24 through whom the claim is derived, if any, shall be imputed to
25 the plaintiff.
26 (b) Responsibility for damages.--Where causal responsibility
27 is attributed to more than one person, including where a person
28 is liable upon a theory of strict liability, each defendant
29 shall be liable for that proportion of the total dollar amount
30 awarded as damages in the ratio of the amount of their causal
20020S1376B1856 - 2 -
1 responsibility to the amount of causal responsibility attributed
2 to all defendants and other persons to whom responsibility is
3 apportioned under subsection (c). Except where a defendant has
4 been held liable for knowing or reckless fraud, a defendant
5 shall not be jointly and severally liable for plaintiff's
6 damages, and the court shall enter separate and several
7 judgments in favor of the plaintiff and against each defendant
8 for the proportionate amount of that defendant's liability.
9 Where a defendant is jointly and severally liable hereunder and
10 that defendant discharges by payment more than his proportionate
11 share of the total liability, that defendant is entitled to
12 recover contribution from defendants who have paid less than
13 their proportionate share. Further, in any case, any defendant
14 may recover from another person all or a portion of the damages
15 assessed that defendant, pursuant to the terms of a contractual
16 agreement.
17 (c) Apportionment of responsibility among nonparties;
18 effect.--For purposes of apportioning responsibility only, the
19 question of the causal responsibility of any person who is not a
20 party shall be submitted to the trier of fact upon appropriate
21 requests and proofs by any party. The persons whose causal
22 responsibility may be determined pursuant to this subsection
23 include, but are not necessarily limited to, persons who have
24 paid for releases and persons who are immune from suit or over
25 whom jurisdiction cannot be obtained, but do not include an
26 employer to the extent that the employer is granted immunity
27 from liability or suit pursuant to the act of June 2, 1915
28 (P.L.736, No.338), known as the Workers' Compensation Act, and
29 nothing contained in this subsection shall be construed to in
30 any way diminish such immunity. An attribution of responsibility
20020S1376B1856 - 3 -
1 to any person or entity as provided in this subsection shall not
2 be admissible or relied upon in any other action or proceeding
3 for any purpose.
4 (d) Effect of release, covenant not to sue or similar
5 agreement.--A release, covenant not to sue or similar agreement
6 entered into by a plaintiff and a person who is or could be a
7 defendant in an action for damages for death, injury to person
8 or property or economic loss, may discharge that person from all
9 further liability, but does not discharge any other person
10 liable with respect to the same cause of action unless the
11 release, covenant not to sue or similar agreement specifically
12 so provides. However, any damages which the plaintiff is
13 entitled to recover shall be reduced by the largest of the
14 following:
15 (1) The released person's proportional share of the
16 plaintiff's damages as though the released person were a
17 defendant at the time judgment is entered.
18 (2) The amount paid to the plaintiff by the person
19 entering into the release, covenant not to sue or similar
20 agreement.
21 (3) The amount or proportion by which the release,
22 covenant not to sue or similar agreement provides that the
23 total damages of the plaintiff shall be reduced.
24 [(c)](e) Downhill skiing.--
25 (1) The General Assembly finds that the sport of
26 downhill skiing is practiced by a large number of citizens of
27 this Commonwealth and also attracts to this Commonwealth
28 large numbers of nonresidents significantly contributing to
29 the economy of this Commonwealth. It is recognized that as in
30 some other sports, there are inherent risks in the sport of
20020S1376B1856 - 4 -
1 downhill skiing.
2 (2) The doctrine of voluntary assumption of risk as it
3 applies to downhill skiing injuries and damages is not
4 modified by subsections (a) and (b).
5 (f) Savings provisions.--Nothing in this section shall be
6 construed in any way to create, abolish or modify a cause of
7 action or to limit a party's right to join another potentially
8 responsible party.
9 [(d)] (g) Definitions.--As used in this section the
10 following words and phrases shall have the meanings given to
11 them in this subsection:
12 "Defendant or defendants [against whom recovery is sought.]
13 to whom causal responsibility is attributed." Includes impleaded
14 defendants.
15 "Plaintiff." Includes counterclaimants and cross-claimants.
16 Section 2. This act shall apply to all pending actions in
17 which a trial has not commenced on the effective date of this
18 act.
19 Section 3. This act shall take effect immediately.
C28L42SFL/20020S1376B1856 - 5 -