HomeMy WebLinkAboutMINUTES - 08131985 - 2.4 TO:V +►.: BOARD OF SUPERVISORS
EIOM: Contra
Phil Batchelor, County Administrator COSta
DATE: August 5 , 1985 OR County
SUBJECT:
Legislation: SB 75 (Foran)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in support of SB 75 by Senator Foran which
would relieve the County of joint and several liability for
non-economic damages (pain and suffering, etc. ) in actions for
personal injury, property damage, or death. The County would
remain jointly and severally liable for economic damages
(medical expenses, loss of earnings, etc. ) .
BACKGROUND:
On July 30, 1985, the Board referred to this office a letter
from the General Manager of the CSAC Excess Insurance Authority
urging that the Board support SB 75.
Currently, California has a system whereby in the case of joint
liability concerning a traffic accident ( for instance) , the
jury may find the driver 95% responsible and due to poor
intersection visability, the city or county 5% responsible.
Yet, the city or county can, and many times does, end up paying
the entire damage award because the guilty driver who has been
found to be 95% responsible cannot afford to pay the bill.
Hence, the term "deep pockets" evolved.
SB 75 would reform the concept of joint and several liability
by providing that defendants pay non-economic damages according
to their respective degree of responsibility as determined by
the judge or jury. Non-economic damages are defined in SB 75
as "subjective, non-pecuniary losses including, but not limited
to, pain, suffering, inconvenience, mental suffering, emotional
distress, loss of society and companionship, loss of
consortium, injury to reputation and humiliation" .
SB 75 does not affect the existing joint and several liability
for economic damages which are defined in SB 75 as "objectively
verifiable pecuniary losses including, but not limited to,
burial costs, medical expenses, loss of earnings , loss of use
of property, costs of repair or replacement, costs of obtaining
substitute domestic services, loss of employment, and loss of
business or employment opportunities" .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
t
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON August APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED Au g us-r 11 98 5
Vincent Pisani , General Mgr. -- '�" ' —— ----- —
CSAC, Excess Ins. Authority PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Senator Foran
a
M382/7-83 BY _ DEPUTY
•
Page 2
Therefore, a plaintiff will still be guaranteed that he or she
will fully recover his or her actual expenses. The extent .to
which a plaintiff would recover non-economic damages beyond
actual verified expenses will depend on the relative degree of
fault of the defendants and their ability to pay for the
damages that are awarded.
Passage of SB 75 would relieve the County of liability for huge
jury awards for pain and suffering, or other non-economic
damages in cases where the County is found to be responsible to
only a small degree for the damage. The bill, therefore,
deserves the support of the Board of Supervisors.
SB 75 passed the Senate Judiciary Committee April 16 , 1985 by a
vote of 6 : 1, and the full Senate on May 16 , 1985 by a vote of
29: 5 . The bill is currently in the Assembly Judiciary
Committee where it is scheduled for a hearing August 19 before
the Subcommittee on Administration of Justice and before the
full Judiciary Committee August 20, 1985 .