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HomeMy WebLinkAbout85-24 - Senate Bill 75 - ForanRESOLUTION NO. 85 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH IN SUPPORT OF SENATE BILL NO. 75 (FORAN) • WHEREAS, under the doctrine of joint and several liability, a defendant whose negligence contributes as little as one percent to the injury of a plaintiff may be required to pay for all damages .if those primarily responsible for the injuries have no money or insurance; and WHEREAS, as a result of this doctrine, public agencies throughout the State of California have been the target of lawsuits because of their ability to pay, not because they were responsible for the injuries; and WHEREAS, while many of these lawsuits are frivolous, public agencies are nonetheless required to defend these suits and incur substantial fees as a result; and WHEREAS, these lawsuits have caused premiums for the insurance carried by Governmental agencies to escalate at an alarming rate, have resulted in cancellation of insurance coverage, and have otherwise caused an undue burden to be placed upon the taxpayers who ultimately pay the costs of this type of litigation; and WHEREAS, Senator John F. Foran has introduced Senate Bill No. 75 which would retain the doctrine of joint and several liability, insofar as economic damages such as medical bills and lost wages, but would limit liability for non - economic damages such as pain.and suffering, to the degree of fault. NOW, THEREFORE, BE IT RESOLVED that Senate Bill 75 provides a measure of relief from the unfair results which • sometimes flow from the doctrine of joint and several liablity; and BE IT FURTHER RESOLVED that Senate Bill 75 fully protects the rights of those who suffer economic loss due to the fault of others; and BE IT FURTI-ER RESOLVED that the City Council of the City of Newport Beach supports the passage of Senate Bill 75 and urges adoption by members of the State Legislature. ADOPTED this 8th day of April , 1985. Mayor RSB /SB75 •