HomeMy WebLinkAboutResolutions - No. 83-28RESOLUTION NO. 83-28
RESOLUTION SUPPORTING SB575 - FORAN
WHICH WOULD MODIFY THE JOINT AND
SEVERAL RULE FOR DAMAGES OTHER THAN
OUT-OF-POCKET EXPENSES LIKE MEDICAL
BILIS AND LAST WAGES
WHEREAS, California's judicial doctrine of "Joint and
Several Liability" established by State Supreme Court
rulings in 1975 and 1976 held that liability for damages
can be apportioned by percentages among different
defendants and that any single defendant is liable for
payment of an entire judgement when the other codefendant
cannot pay, even though that defendant may have been
found only minimally liable in the first place.
WHEREAS, a recent survey by the League of California
Cities found some 84 small and medium-sized cities had
paid out more than $16 million in the past three years
in judgements and settlements in cases where they had
little or no responsibility. Current damage exposure
in pending suits for those cities amounted to more than
$87 million.
NOW, THEREFORE, BE IT RESOLVED that the City of Lodi
joins other California cities who adamantly argue that
joint and several judgements are an unfair burden on
local taxpayers and therefore strongly support SB575 -
Foran which would modify the joint and several rule for
damages other than out-of-pocket expenses like medical
bills and lost wages; and would thereby change the legal
system so victims urgent needs are met, without giving
tort lawyers unlimited access to city funds.
Dated: April 20, 1983
I hereby certify that Resolution No. 83-28
was passed and adopted by the City Council of
the City of Lodi in a regular meeting held
April 20, 1983 by the following vote:
Ayes: Council Members - Pinkerton, Murphy,
Reid, Snider, and
Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Re
City Clerk