HomeMy WebLinkAboutResolution No. 4228 RESOLUTION NO. 4228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
URGING ELIMINATION OR REFORMATION OF THE DOCTRINE OF
JOINT AND SEVERAL LIABILITY
WHEREAS, the doctrine of joint and several liability makes each co- defendant
in a civil damage action based on negligence individually liable for the entire
amount of a plaintiff's damages regardless of his degree of fault; and
WHEREAS, this represents a total departure from one of the most ancient and
basic concepts of tort law, that liability be based on fault; and
WHEREAS, a defendant who may only marginally be liable for a plaintiff's
injuries may be forced to pay all damages because other defendants are insolvent
or judgment-proof; and
WHEREAS, the joint and several liability doctrine has been particularly un-
fair to public entities who are perceived as "deep pocket" defendants and are
often required to pay large damage awards in actions in which they are minimally
at fault; and
WHEREAS, plaintiffs routinely join public entities as defendants who may be
connected with their injuries only with the most extreme degree of remoteness
with the hope a jury will attribute even a minimal degree of liability to the
entity, thereby assuring satisfaction of their judgment in full; and
WHEREAS, the burden placed upon the taxpaying public as a result of the
joint and several liability doctrine is inequitable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Downey
urge the Legislature of the State of California to eliminate or reform the joint
and several liability doctrine to limit the financial liability of each defendant
to the degree of his fault.
BE IT FURTHER RESOLVED that copies of this Resolution be sent to each of
Downey's representatives in the State Legislature.
BE IT FURTHER RESOLVED that all cities, school districts and other public
entities in Los Angeles County are urged to adopt similar resolutions, to be
forwarded to the State Legislature.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Board
of Supervisors of the County of Los Angeles and to the Independent Cities Risk
Management Authority, of which the City of Downey is a member.
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of May, 1983.
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ATTEST: James T. Quinn, Mayer
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City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Downey at a regular meeting thereof held on the 10th day
of May , 1983, by the following vote, to wit:
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
City Clerk