HomeMy WebLinkAbout85-90 - Fair Responsibility Act of 198640
RESOLUTION NO. 85 -90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH EXPRESSING SUPPORT FOR THE
"FAIR RESPONSIBILITY ACT OF 1986," AN
INITIATIVE MEASURE TO REFORM PUBLIC ENTITY
TORT LIABILITY LAW
WHEREAS, the present joint and several liability law,
also known as the "Deep Pocket Doctrine," has unfairly cost the
cities of California millions of dollars in court judgments,
settlements, legal costs, skyrocketing insurance premiums and
difficulty in obtaining adequate liability insurance coverage;
and
WHEREAS, this same doctrine has also cost other
governmental bodies, business firms and professionals many
millions of dollars; and
WHEREAS, ultimately this cost is unfairly borne by the
taxpayers and consumers of California; and
WHEREAS, many cities, other governmental bodies,
business firms and professionals are selected as defendants in
lawsuits merely because of their perceived assets or insurance
and often are found only fractionally at fault but must pay most
or all of the judgment because the defendants most at fault
cannot pay; and
WHEREAS, the cost of this is unfairly borne by the
taxpayers and consumers of California; and
WHEREAS, the "Fair Responsibility Act of 1986" is an
initiative measure that would give the voters of California an
opportunity to reform the inequities and injustices of the "Deep
Pocket Doctrine" by holding liability lawsuit defendants
financially liable in closer proportion to their degree of fault;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach endorses the "Fair Responsibility Act
of 1986" and urges it support and passage to relieve the
financial strain imposed on local government and its taxpayers.
ATTEST:
ADOPTED this 12th day
. City Clerk