Will California Eliminate Several Liability For Non-Economic Damages For Some Defendants?

In California, while all defendants are liable to plaintiff for 100% of plaintiff's economic damages, under "Proposition 51" defendants are liable for non-economic damages only in proportion to fault. The California Supreme Court heard argument this week on whether that includes a defendant liable for an intentional tort.

B.B. v. County of Los Angeles involves suits brought by the widow and surviving children of a man who died after a "prolonged and violent struggle with several deputies" including a chokehold. Several deputies were found negligent, and one found liable for intentional use of excessive force - battery. The case involved whether the intentional tort deputy should be liable for 100% of the non-economic damages or only his 20% share of responsibility.