68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1900

                           A-Engrossed

                         Senate Bill 450
                  Ordered by the Senate May 17
            Including Senate Amendments dated May 17

Sponsored by COMMITTEE ON JUDICIARY


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Eliminates - }  { +  Modifies provision relating to + }
joint  { + and several + } liability for torts. Applies only to
actions commenced on or after effective date of Act.
    { - Declares emergency, effective on passage. - }

                        A BILL FOR AN ACT
Relating to liability; creating new provisions; and amending ORS
  18.485.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 18.485 is amended to read:
  18.485. (1) As used in this section, 'economic damages' and '
noneconomic damages' have the meaning given those terms in ORS
18.560.
  (2) In any civil action arising out of bodily injury, death or
property damage, including claims for emotional injury or
distress, loss of care, comfort, companionship and society, and
loss of consortium, the liability of each defendant for
noneconomic damages awarded to plaintiff shall be several only
and shall not be joint.
  (3)  { + Except as provided in subsection (5) of this
section, + } the liability of a defendant who is found to be
 { - less than 15 - }   { + 50 + } percent  { + or less + } at
fault for the economic damages awarded the plaintiff shall be
several only.
  (4)  { + Except as provided in subsection (5) of this
section, + } the liability of a defendant who is found to be
 { - at least 15 - }  { +  more than 50 + } percent at fault for
the economic damages awarded the plaintiff shall be joint and
several, except that a defendant whose percentage of fault is
less than that allocated to the plaintiff is liable to the
plaintiff only for that percentage of the recoverable economic
damages.
   { +  (5) The liability of a defendant for economic damages
awarded to the plaintiff is joint and several with another
defendant if the defendant is acting as an agent or servant of
the other defendant or if the defendant is acting in concert with
the other defendant. For the purposes of this subsection, a
defendant is acting in concert with another defendant if the
defendants enter into an agreement to pursue a common plan or
design to commit an intentional tort and the defendant actively
takes part in the commission of the intentional tort. + }
    { - (5) - }  { +  (6) + } Subsections (1) to   { - (4) - }
 { +  (5) + } of this section do not apply to:
  (a) A civil action resulting from the violation of a standard
established by Oregon or federal statute, rule or regulation for
the spill, release or disposal of any hazardous waste, as defined
in ORS 466.005, hazardous substance, as defined in ORS 453.005 or
radioactive waste, as defined in ORS 469.300.
  (b) A civil action resulting from the violation of Oregon or
federal standards for air pollution, as defined in ORS 468A.005
or water pollution, as defined in ORS 468B.005.
  SECTION 2.  { + The amendments to ORS 18.485 by section 1 of
this Act apply only to actions commenced on or after the
effective date of this Act. + }
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