HB 846 AS AMENDED BY THE MSBA

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Unofficial Copy 1997 Regular Session
D3 7lr2419
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By: Delegates Montague, Grosfeld, Menes, E. Burns, Turner, R. Baker
Introduced and read first time: January 31, 1997
Assigned to: Judiciary
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A BILL ENTITLED

1 AN ACT concerning

2                                                             Maryland Comparative Negligence Act

3 FOR the purpose of establishing comparative negligence as the method for awarding
4 damages in certain causes of action; prohibiting the rule of contributory negligence
5 from barring recovery in certain causes of action; providing for reallocation of any
6 uncollectible amount of a judgment under certain circumstances; placing the burden
7 of proof on the person alleging negligence; making certain provisions concerning
8 releases; providing for the application of this Act; making the provisions of this Act
9 nonseverable; eliminating joint and several liability in certain causes of action; and
10 generally relating to establishing comparative fault as a method of awarding
11 damages in certain causes of action.

12 BY adding to
13 Article - Courts and Judicial Proceedings
14 Section 11-2A-01 through 11-2A-06 11-2A-04, inclusive, to be under the new subtitle
15 "Subtitle 2A. Maryland Comparative Negligence Act"
16 Annotated Code of Maryland
17 (1995 Replacement Volume and 1996 Supplement)

18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

19 MARYLAND, That the Laws of Maryland read as follows:

20 Article - Courts and Judicial Proceedings

21 SUBTITLE 2A. MARYLAND COMPARATIVE NEGLIGENCE ACT.

22 11-2A-01.

23 THIS SUBTITLE DOES NOT APPLY TO ACTIONS IN STRICT TORT LIABILITY OR
24 BREACH OF WARRANTY.

25 11-2A-02 11-2A-01.

26 (A) CONTRIBUTORY NEGLIGENCE SHALL NOT BAR RECOVERY IN AN ACTION
27 BY ANY PERSON OR THAT PERSON'S LEGAL REPRESENTATIVE TO RECOVER
28 DAMAGES FOR NEGLIGENCE RESULTING IN DEATH OR INJURY TO PERSON OR
29 PROPERTY, IF THE NEGLIGENCE WAS LESS THAN THE NEGLIGENCE OF THE PERSON

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1 AGAINST WHOM RECOVERY IS SOUGHT OR WAS LESS THAN THE COMBINED
2 NEGLIGENCE OF THE PERSONS AGAINST WHOM RECOVERY IS SOUGHT. OF
3 THE PARTY ASSERTING THE CLAIM FOR DAMAGES WAS LESS THAN THE COMBINED
4 NEGLIGENCE OF THE PERSONS WHO ARE ADJUDICATED TO BE TORTFEASORS.
4 (B) ANY DAMAGES SUSTAINED SHALL BE DIMINISHED BY THE PERCENTAGE
5 SUSTAINED OF NEGLIGENCE ATTRIBUTABLE TO THE PERSON RECOVERING. ANY
6 AWARD FOR DAMAGES SUSTAINED SHALL BE REDUCED BY THAT PERCENTAGE OF
7 NEGLIGENCE, IF ANY, WHICH THE TRIER OF FACT FINDS ATTRIBUTABLE TO THE
8 PARTY ASSERTING THE CLAIM FOR DAMAGES.

9 11-2A-03 11-2A-02.

10 (A) IN DETERMINING THE AMOUNT THAT THE PLAINTIFF'S DAMAGES ARE TO
11 BE DIMINISHED, THE NEGLIGENCE OF THE PLAINTIFF OR IN A WRONGFUL DEATH
12 ACTION, THE NEGLIGENCE OF THE DECEDENT, SHALL BE COMPARED TO THE TOTAL
13 NEGLIGENCE OF:

14 (1) ALL PERSONS AGAINST WHOM RECOVERY IS SOUGHT WHO ARE
15 ADJUDICATED TO BE TORTFEASORS, AND

16 (2) ALL PERSONS WITH WHOM THE PLAINTIFF HAS ENTERED INTO A
17 RELEASE COVENANT NOT TO SUE, SETTLEMENT, OR SIMILAR AGREEMENT.

18 (B) THE COMBINED TOTAL OF THE PLAINTIFF'S NEGLIGENCE OR IN A
19 WRONGFUL DEATH ACTION, THE DECEDENT'S NEGLIGENCE, AND ALL OF THE
20 NEGLIGENCE OF THE PERSONS UNDER SUBSECTION (A)(2) SUBSECTIONS (A)(1)
21 AND (A)(2) OF THIS SECTION SHALL EQUAL 100%.

22 (C) THE DETERMINATION OF THE TRIER OF FACT UNDER SUBSECTION (B) OF
23 THIS SECTION AND A DETERMINATION OF THE AMOUNT OF DAMAGES EACH
24 PLAINTIFF WOULD BE ENTITLED TO RECOVER IF CONTRIBUTORY NEGLIGENCE IS
25 DISREGARDED SHALL BE BY SPECIAL INTERROGATORIES OR SPECIFIC FINDING OF
26 FACT.

27 (D) THE BURDEN OF ALLEGING AND PROVING NEGLIGENCE THAT SERVES TO
28 DIMINISH A PLAINTIFF'S DAMAGES OR BAR RECOVERY UNDER THIS SECTION IS ON
29 THE PERSON WHO SEEKS TO ESTABLISH THE NEGLIGENCE. THE BURDEN OF PROVING
30 THAT THE CONDUCT OF THE DEFENDANT OR DEFENDANTS IS GREATER THAN FIFTY
31 PERCENT OF THE CAUSE OF THE INJURY IS ON THE PLAINTIFF. THE BURDEN OF
32 PROVING ANY COMPARATIVE NEGLIGENCE WHICH WOULD REDUCE THE PERCENTAGE
33 OF THE DAMAGES RECOVERABLE IS ON THE DEFENDANT WHO SEEKS TO ESTABLISH
34 SUCH COMPARATIVE NEGLIGENCE.

35 11-2A-04. 11-2A-03.

36 (A) EXCEPT AS PROVIDED IN SUBSECTIONS (B), (C), (D), AND (E) SUBSECTION (B)
37 OF THIS SECTION, THE LIABILITY OF EACH DEFENDANT SHALL BE SEVERAL ONLY AND
38 LIMITED TO THAT AMOUNT OF DAMAGES ALLOCATED TO EACH DEFENDANT IN
39 DIRECT PROPORTION TO THE PERCENTAGE OF NEGLIGENCE ATTRIBUTED TO THE
40 DEFENDANT UNDER § 11-2A-03 11-2A-02 OF THIS SUBTITLE.

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1 (B) (1) ON MOTION MADE NOT LATER THAN 2 YEARS AFTER FINAL
2 JUDGMENT IS ENTERED, THE COURT SHALL:

3 (I) DETERMINE WHETHER ALL OR PART OF A PARTY'S
4 EQUITABLE SHARE OF THE OBLIGATION IS COLLECTIBLE FROM THAT PARTY; AND

5 (II) REALLOCATE ANY UNCOLLECTIBLE AMOUNT AMONG THE
6 OTHER LIABLE PARTIES, INCLUDING THE PLAINTIFF IF ADJUDGED TO HAVE BEEN
7 CONTRIBUTORILY NEGLIGENT, ACCORDING TO THEIR RESPECTIVE PERCENTAGES
8 OF FAULT.

9 (2) A PARTY SHALL NOT BE REALLOCATED AN AMOUNT GREATER
10 THAN DOUBLE THE ORIGINAL PERCENTAGE OF FAULT ATTRIBUTED BY THE
11 FINDER OF FACT.

12 (3) THE PARTY WHOSE SHARE IS REALLOCATED SHALL REMAIN
13 SUBJECT TO ANY CONTINUING LIABILITY TO THE CLAIMANT ON THE JUDGMENT.

14 (C) JOINT AND SEVERAL LIABILITY SHALL BE IMPOSED ON ANY PERSON WHO
15 CONSCIOUSLY AND DELIBERATELY PURSUES OR ACTIVELY TAKES PART IN A
16 COMMON PLAN OR DESIGN TO COMMIT A TORTIOUS ACT.

17 (D) JOINT AND SEVERAL LIABILITY SHALL BE IMPOSED ON ANY PERSON
18 DETERMINED TO HAVE COMMITTED AN ENVIRONMENTAL TORT IN WHICH
19 DAMAGES FOR PERSONAL INJURIES OR DEATH ARE SOUGHT AND WHERE THE
20 CAUSE OF THE DAMAGES IS THE NEGLIGENT MANUFACTURE, USE, DISPOSAL,
21 HANDLING, STORAGE, OR TREATMENT OF HAZARDOUS OR TOXIC SUBSTANCES.

22 (E) FOR CASES UNDER THIS SUBTITLE, A PERSON WHO IS LIABLE SOLELY ON
23 THE VICARIOUS BASIS FOR THE NEGLIGENCE OF ANOTHER PERSON SHALL BE
24 JOINTLY AND SEVERALLY LIABLE WITH THAT PERSON.

25 11-2A-05.

26 A RELEASE, COVENANT NOT TO SUE, OR SIMILAR AGREEMENT ENTERED INTO
27 BY A PLAINTIFF AND ANOTHER PERSON:

28 (1) DISCHARGES THAT PERSON FROM ALL LIABILITY FOR
29 CONTRIBUTION; BUT

30 (2) DOES NOT DISCHARGE ANY OTHER PERSON LIABLE ON THE SAME
31 CLAIM UNLESS THE RELEASE, COVENANT, OR AGREEMENT EXPRESSLY PROVIDES A
32 DISCHARGE.

33 (B) FOR THE PURPOSE OF ALLOCATING A SHARE OF PROPORTIONATE
34 LIABILITY IN CASES SUBJECT TO THIS SUBTITLE, A PERSON WHOSE LIABILITY IS
35 SOLELY BASED UPON VICARIOUS LIABILITY FOR THE CONDUCT OF ANOTHER SHALL
36 BE JOINTLY AND SEVERALLY LIABLE WITH THAT PERSON, AND TOGETHER THEY
37 SHALL BE DEEMED TO COMPRISE ONE PROPORTIONATE SHARE OF LIABILITY.

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1 11-2A-06 11-2A-04.

2 THIS SUBTITLE MAY BE CITED AS "THE MARYLAND COMPARATIVE
NEGLIGENCE ACT".

4 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
5 construed only prospectively and may not be applied or interpreted to have any effect on
6 or application to a cause of action arising before the effective date of this Act.

7 SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding the
8 provisions of Article 1, § 23 of the Annotated Code of Maryland, the provisions of this
9 Act are not severable, and if any provision of this Act or the application thereof to any
10 person or circumstance is held invalid for any reason in a court of competent jurisdiction,
11 no other provision or application of this Act may be given effect.

12 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
13 October 1, 1997.