HomeMy WebLinkAboutMINUTES - 06031997 - C59 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman
DATE: May 28, 1997
SUBJECT: Support Assembly Bill No. 1603 amending Civil Code section 1714 .45 with
regard to Contra Costa County' s Tobacco Company Litigation to Recover
Costs Incurred in the Provision of Health Care to Indigents with
Illnesses Related to Tobacco Use and Nicotine Addiction
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
SUPPORT Assembly Bill No. 1603 , as amended.
BACKGROUND: Civil Code section 1714 .45 provides that in a product
liability action, a manufacturer or seller is not liable if the
product is a common consumer product intended for personal
consumption, such as, among other things, tobacco, is inherently
unsafe, and is known to be unsafe by the ordinary consumer.
Assembly Bill No. 1603 would amend Civil Code section 1714 .45 to
provide that the above-described immunity from liability does not,
CONTINUED ON ATTACHMENT: X YES SIGNATURE •
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O B ARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON June 3, 1997 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Vickie Dawes ATTESTED jimp 3, 1997
cc: County Counsel PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
Health Services Dept . AND COUNTY ADMINISTRATOR
BY � DEPUTY
r
Board of Supervisors
Support of Assembly Bill No. 1603
May 28, 1997
Page 2
and never did, apply to an action brought by a public entity to
recover the value of benefits provided to people injured by a
tobacco-related illness caused by the tortious conduct of a tobacco
company.
It is anticipated that the passage of Assembly Bill No. 1603 will
encourage statewide legal action by the Attorney General of the
State of California to recover the billions of dollars of taxpayer
monies that have been spent to treat the health consequences of
tobacco use and nicotine addiction. There are currently
approximately 22 Attorneys General pursuing such recoveries against
the tobacco industry, with settlement negotiations ongoing and
apparently heading toward possible resolution. California should
be able to pursue its -fair share of any such settlement .
H:\VDAWE\TOBACCO\TOBACCO4.LIT