HomeMy WebLinkAboutResolutions - No. 86-36RESOLUTION NO. 86-36
RESOLUTION OF THE LODI CITY COUNCIL
EXPRESSING SUPPORT FOR THE FAIR RESPONSIBILITY ACT OF 1986
WHEREAS, the State of California faces a crisis inflicting
financial havoc on our State and local governments, public schools,
private business and non-profit organizations; and
WHEREAS, this crisis is the unaffordability and unavailability
of liability insurance; and
WHEREAS, the crisis is largely the result of the unfair "deep
pocket" doctrine under which defendants can be held responsible for
100% of damages in multiple -party personal injury actions even if the
defendant is found to be as little as one percent at fault; and
WHEREAS, this doctrine unfairly costs California cities and
counties, public entities, businesses and professionals hundreds of
millions of dollars in court judgments and settlements, legal expenses,
and increased insurance costs; and
WHEREAS, California taxpayers and consumers ultimately bear these
costs in their taxes and through increased prices for goods, services
and insurance; and
WHEREAS, these costs have resulted in the reduction of vital
government services to the people of California, including the
grounding of police, fire and emergency vehicles, park and library
closings, limitation of activities in public schools, and disruptions
of public transportation, which imperils the safety, health and welfare
of our citizens; and
WHEREAS, at least 43 California cities are now uninsured and
hundreds will be by July of this year; and
WHEREAS, the Fair Responsibility Act of 1986 is an initiative
measure that will give California voters an opportunity to reform the
inequities of the "deep pocket" doctrine by holding liability lawsuit
defendants financially liable in closer proportion to their actual
degree of fault; and
WHEREAS, the County Supervisors Association of California, League
of California Cities, California School Boards Association, California
Chamber of Commerce, California Taxpayers Association, California State
Parent-Teacher Association, California Manufacturers Association,
National Federation of Independent Business, California District
Attorneys Association, Association for California Tort Reform,
California Police Chiefs Association, California Farm Bureau
Federation, Consumer Alert, California State Sheriffs' Association,
California Dental Association, California Peace Officers Association,
California Restaurant Association, California Medical Association,
Association of California Water Agencies, Agricultural Council of
California, California Hospital Association, California Association of
Resource Conservation Districts, California Trucking Association,
California Defense Council, California Association of Publicly -Owned
Transit Systems, California Association of 40 Clubs, numerous
engineer and insurance associations, several non-profit and social
organizations that are having difficulty finding insurance, and other
groups have endorsed the Fair Responsibility Act of 1986.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Lodi endorses the Fair Responsibility Act initiative and urges its
support and passage to relieve the financial strain the "deep pocket"
law imposes on public entities, the private sector, and taxpayers and
consumers.
Dated: March 5, 1986
I hereby certify that Resolution No. 86-36 was
passed and adopted by the City Council of the City
of Lodi in a regular meeting held March 5, 1986 by
the following vote:
AYES: Council Members - Olson, Pinkerton, Reid, Snider,
and Hi.nchman (Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAIN: Council Members - None
ALICE M. REIMCHE
City Clerk
86-36