The risks of litigating in California just got larger.
California's Proposition 51 makes defendants jointly liable
for all economic damages, but severally liable for noneconomic
damages only in proportion to fault. The California Supreme Court
yesterday unanimously ruled that intentional tortfeasors cannot use
Proposition 51 to reduce their share of noneconomic damages.
Resolving a split among intermediate appellate courts, the court
ruled that "section 1431.2, subdivision (a), does not
authorize a reduction in the liability of intentional tortfeasors
for noneconomic damages based on the extent to which the negligence
of other actors — including the plaintiffs, any codefendants,
injured parties, and nonparties — contributed to the injuries
in question."
