TO:       Members of the House Judiciary Committee

FROM:  Albert Winchester, III
             Director of Legislative Relations

DATE:   March 6, 1997

RE:       House Bill 846 - Maryland Comparative Negligence Act

The Maryland State Bar Association, Inc., (MSBA) recommends that the House Judiciary Committee give a FAVORABLE WITH AMENDMENTS report on House Bill 846 - Maryland Comparative Negligence Act.

During the past two years, the MSBA has conducted a thorough review of the comparative negligence/joint and several liability issues. The MSBA has come to the conclusion that a comparative negligence standard is preferable to the present contributory negligence approach, and that some modifications in joint and several liability must be a part of any change in negligence rules.

Attached is a copy of House Bill 846 with the MSBA amendments incorporated into the text of the bill as submitted. The one area that is still the subject of discussion within the MSBA is the method of reallocating any uncollectible amounts when one or more of the defendants is impecunious. The MSBA is not satisfied that the reallocation method outlined in House Bill 846 as submitted sufficiently protects defendants whose liability is minimal from paying excessive damages. Of equal concern to the MSBA is that complete elimination of joint and several liability would harm those plaintiffs who are not contributorily negligent, and who may be precluded from collecting any damages if joint and several liability is eliminated completely.

The MSBA offers the assistance of its Tort Law Subcommittee, a body that consists of attorneys who regularly represent both plaintiffs and defendants, to the House Judiciary Committee to devise a reallocation method that minimizes injustices that may arise under a comparative negligence system that includes revisions in joint and several liability.

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