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)
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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
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