II :Ic1 I 1..t W*1 I :1 Ls] J J I F3"4 LIPi. oil

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1 CORRECTIVE REPRINT PRIOR PRINTER S NO. 142 PRINTERS NO. 456 II :Ic1 I 1..t W*1 I :1 Ls] J J I F3"4 LIPi oil Session of No INTRODUCED BY CORMAN, FOLMER, SCARNATI, D. WHITE, BRUBAKER, VANCE, M. WHITE, SMUCKER, PIPPY, EICHELBERGER, MENSCH, RAFFERTY, WARD, YAW, PICCOLA AND ROBBINS, JANUARY 18, 2011 REFERRED TO JUDICIARY, JANUARY 18, 2011 AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, amending provisions 3 relating to comparative negligence. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 7102 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: Comparative negligence. 9 (a) General rule.--in all actions brought to recover damages 10 for negligence resulting in death or injury to person or 11 property, the fact that the plaintiff may have been guilty of 12 contributory negligence shall not bar a recovery by the 13 plaintiff or his legal representative where such negligence was 14 not greater than the causal negligence of the defendant or 15 defendants against whom recovery is sought, but any damages 16 sustained by the plaintiff shall be diminished in proportion to 17 the amount of negligence attributed to the plaintiff.

2 1 (a.1) Recovery against joint defendant; contribution.-- 2 (1) Where recovery is allowed against more than one 3 person, including actions for strict liability, and where 4 liability is attributed to more than one defendant, each 5 defendant shall be liable for that proportion of the total 6 dollar amount awarded as damages in the ratio of the amount 7 of that defendant s liability to the amount of liability 8 attributed to all defendants and other persons to whom 9 liability is apportioned under subsection (a.2) 10 (2) Except as set forth in paragraph (3), a defendant s 11 liability shall be several and not joint, and the court shall 12 enter a separate and several judgment in favor of the 13 plaintiff and against each defendant for the apportioned 14 amount of that defendant s liability. 15 (3) A defendant s liability in any of the following 16 actions shall be joint and several, and the court shall enter 17 a joint and several judgment in favor of the plaintiff and 18 against the defendant for the total dollar amount awarded as 19 damages: 20 (i) Intentional misrepresentation. 21 (ii) An intentional tort. 22 (iii) Where a defendant has been held liable for not 23 less than 60% of the total liability apportioned to all 24 parties. 25 (iv) A release or threatened release of a hazardous 26 substance under section 702 of the act of October 18, (P.L.756, No.108), known as the Hazardous Sites 28 Cleanup Act. 29 (v) A civil action in which a defendant has violated 30 section 497 of the act of April 12, 1951 (P.L.90, No.21), B0002PN0456-2

3 1 known as the Liquor Code. 2 (4) Where a defendant has been held jointly and 3 severally liable under this subsection and discharges by 4 payment more than that defendant s proportionate share of the 5 total liability, that defendant is entitled to recover. 6 contribution from defendants who have paid less than their 7 proportionate share. Further, in any case, any defendant may 8 recover from any other person all or a portion of the damages 9 assessed that defendant pursuant to the terms of a 10 contractual agreement. 11 (a.2) Apportionment of responsibility among certain 12 nonparties and effect.--for purposes of apportioning liability 13 only, the question of liability of any defendant or other person 14 who has entered into a release with the plaintiff with respect 15 to the action and who is not a party shall be transmitted to the 16 trier of fact upon appropriate requests and proofs by any party. 17 A person whose liability may be determined pursuant to this 18 section does not include an employer to the extent that the 19 employer is granted immunity from liability or suit pursuant to 20 the act of June 2, 1915 (P.L.736, No.338), known as the Workers 21 Compensation Act. An attribution of responsibility to any person 22 or entity as provided in this subsection shall not be admissible 23 or relied upon in any other action or proceeding for any 24 purpose. Nothing in this section shall affect the admissibility 25 or nonadmissibility of evidence regarding releases, settlements, 26 offers to compromise or compromises as set forth in the 27 Pennsylvania Rules of Evidence. Nothing in this section shall 28 affect the rules of joinder of parties as set forth in the 29 Pennsylvania Rules of Civil Procedure. 30 [(b) Recovery against joint defendant; contribution.--where PN

4 1 recovery is allowed against more than one defendant, each 2 defendant shall be liable for that proportion of the total 3 dollar amount awarded as damages in the ratio of the amount of 4 his causal negligence to the amount of causal negligence 5 attributed to all defendants against whom recover is allowed. 6 The plaintiff may recover the full amount of the allowed 7 recovery from any defendant against whom the plaintiff is not 8 barred from recovery. Any defendant who is so compelled to pay 9 more than his percentage share may seek contribution.] 10 (b.3) Off-road vehicle riding (1) Off-road vehicle riding area operators shall have no 12 duty to protect riders from common, frequent, expected and 13 nonnegligent risks inherent to the activity, including 14 collisions with riders or objects. 15 (2) The doctrine of knowing voluntary assumption of risk 16 shall apply to all actions to recover damages for negligence 17 resulting in death or injury to person or property brought 18 against any off-road vehicle riding area operator. 19 (3) Nothing in this subsection shall be construed in any 20 way to abolish or modify a cause of action against a 21 potentially responsible party other than an off-road vehicle 22 riding area operator. 23 (c) Downhill skiing (1) The General Assembly finds that the sport of 25 downhill skiing is practiced by a large number of citizens of 26 this Commonwealth and also attracts to this Commonwealth 27 large numbers of nonresidents significantly contributing to 28 the economy of this Commonwealth. It is recognized that as in 29 some other sports, there are inherent risks in the sport of 30 downhill skiing SB0002PN

5 1 (2) The doctrine of voluntary assumption of risk as it 2 applies to downhill skiing injuries and damages is not 3 modified by subsections (a) and [ (b)] (a.1) 4 (c.2) Savings provisions.--nothing in this section shall be 5 construed in any way to create, abolish or modify a cause of 6 action or to limit a Party s right to join another potentially 7 responsible party. 8 (d) Definitions.--As used in this section the following 9 words and phrases shall have the meanings given to them in this 10 subsection: 11 "Defendant or defendants [against whom recovery is sought]." 12 Includes impleaded defendants. 13 "Off-road vehicle." A motorized vehicle that is used off- 14 road for sport or recreation. The term includes snowmobiles, 15 all-terrain vehicles, motorcycles and four-wheel drive vehicles. 16 "Off-road vehicle riding area." Any area or facility 17 providing recreational activities for off-road vehicles. 18 "Off-road vehicle riding area operator." A person or 19 organization owning or having operational responsibility for any 20 off-road vehicle riding area. The term includes: 21 (1) Agencies and political subdivisions of this 22 Commonwealth. 23 (2) Authorities created by political subdivisions. 24 (3) Private companies. 25 "Plaintiff." Includes counter claimants and cross-claimants. 26 Section 2. Nothing in the amendment of 42 Pa.C.S 7102 or 27 in the act of June 19, 2002 (P.L.394, No.57), entitled "An act 28 amending Title 42 (Judiciary and Judicial Procedure) of the 29 Pennsylvania Consolidated Statutes, providing for DNA testing of 30 certain offenders; reestablishing the State DNA Data Base and 20110S50002PN

6 1 the State DNA Data Bank; further providing for duties of the 2 Pennsylvania State Police; imposing costs on certain offenders; 3 reestablishing the DNA Detection Fund; further providing for the 4 apportionment of liability and damages; imposing penalties; and 5 making a repeal," shall be construed to diminish the immunity of 6 an employer to the extent that the employer is granted immunity 7 from liability or suit pursuant to the act of June 2, (P.L.736, No.338), known as the Workers Compensation Act. 9 Section 3. The amendment of 42 Pa.C.S shall apply to 10 causes of action which accrue on or after the effective date of 11 this section. 12 Section 4. This act shall take effect immediately B0002PN

7 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL PRINTERS NO. 500 AN ACT I Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, in civil actions and proceedings, further providing for comparative negligence. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 7102 of Title 42 of the Pennsylvania 7 Consolidated Statutes is repealed: 8 [ Comparative negligence. 9 (a) General rule.---in all actions brought to recover damages 10 for negligence resulting in death or injury to person or 11 property, the fact that the plaintiff may have been guilty of 12 contributory negligence shell not bar a recovery by the 13 plaintiff or his legal representative where such negligence was 14 not greater than the causal negligence of the defendant or 15 defendants against whom recovery is sought, but any damages 16 sustained by the plaintiff shall be diminished in proportion to 17 the amount of negligence attributed to the plaintiff-

8 1 (b) Recovery against joint defendant; contribution.--where 2 recovery is allowed against more than one defendant, each 3 defendant shall be liable for that proportion of the total 4 dollar amount awarded as damages in the ratio of the amount of 5 his causal negligence to the amount of causal negligence 6 attributed to all defendants against whom recovery is allowed. 7 The plaintiff may recover the full amount of the allowed 8 recovery from any defendant against whom the plaintiff is not 9 barred from recovery. Any defendant who is so compelled to pay 10 more than his percentage share may seek contribution. 11 (b.3) Off-road vehicle riding (1) Offroad vehicle riding area operators shall have no 13 duty to protect riders from common, frequent, expected and 14 nonnegligent risks inherent to the activity, including 15 collisions with riders or objects. 16 (2) The doctrine of knowing voluntary assumption of risk 17 shall apply to all actions to recover damages for negligence 18 resulting in death or injury to person or property brought 19 against any off-road vehicle riding area operator. 20 (3) Nothing in this subsection shall be construed in any 21 way to abolish or modify a cause of action against a 22 potentially responsible party other than an off-road vehicle 23 riding area operator. 24 (c) Downhill skiing (1) The General Assembly finds that the sport of 26 downhill skiing is practiced by a large number of citizens of 27 this Commonwealth and also attracts to this Commonwealth 28 large numbers of nonresidents significantly contributing to 29 the economy of this Commonwealth. It is recognized that as in 30 some other sports, there are inherent risks in the sport of 20110SB0500?N

9 I downhill skiing. 2 (2) The doctrine of voluntary assumption of risk as it 3 applies to downhill skiing injuries and damages is not 4 modified by subsections (a) and (b) 5 (d) Definitions.--As used in this section the following 6 words and phrases shall have the meanings given to them in this 7 subsection: B "Defendant or defendants." Includes impleaded defendants. 9 "Off-road vehicle." A motorized vehicle that is used off- 10 road for sport or recreation. The term includes snowmobiles, 11 all-terrain vehicles, motorcycles and four-wheel drive vehicles. 12 "Off-road vehicle riding area." Any area or facility 13 providing recreational activities for off-road vehicles. 14 "Off-road vehicle riding area operator." A person or 15 organization owning or having operational responsibility for any 16 off-road vehicle riding area. The term includes: 17 (1) Agencies and political subdivisions of this 18 Commonwealth. 19 (2) Authorities created by political subdivisions. 20 (3) Private companies. 21 "Plaintiff." :ncludes counter claimants and cross- 22 claimants,) 23 Section 2. Title 42 is amended by adding a section to read: Comparative negligence. 25 (a) General rule (1) In all actions brought to recover damages for 27 negligence resulting in death or injury to nerson or 28 property, the fact that the ulaintiff may have been guilty of 29 contributory negligence shall not bar a recovery by the 30 olaintiff or his legal representative where such neglience 20110SB0500PN

10 1 was not oreater than 50%, but any damages sustained by the 2 plaintiff shall be diminished in proportion to the amount of 3 negligence attributed to the plainti f f.. 4 (2) Where recovery is allowed against more than one - 5 defendant, each defendant shall be liable for that proportion 6 of the total dollar amount awarded as damages in the ratio of 7 the amount of his causal negligence to the amount of causal 8 negligence attributed to all defendants against whom recovery 9 is allowed. Except as provided in paragraph (3), the 10 plaintiff may recov e r the full amount of the allowed recovery U from any defendant from whom recovery is allowed. Any 12 defendant who is so comnelled to pay more than his nercentace 13 share may seek contribution. 14 (3) Joint liability is abolished as to any defendant 15 whose percentage share of liability is less than the 16 cercentacie share attributed to the olaintiff. The plaintiff 17 may not recover damages from such a defendant in excess of 18 that defendants percentaae share. 19 (b) Off-road vehicle ridina (1) Off-road vehicle riding area ooerators shall have no 21 duty to protect riders from common, frequent, expected and 22 nonneglicient risks inherent to the activity, including 23 collisions with riders or objects. 24 (2) The doctrine of knowing voluntary assumotion of risk 25 shall a pply to all actions to recover damages for negligence 25 resultinci in death or injury to person or oroperty brought 27 against any off-road vehicle riding area ooerator. 28 (3) Nothing in this subsection shall be construed in any 29 way to abolish or modify a cause of action against a 30 potentially responsible oarty other than an off-road vehicle 20110SB05008N

11 1 riding area operator. 2 (c) Downhill skiing--- 3 (1) The General Assembly finds that the sport of 4 downhill skiina is practiced by a large number of citizens of 5 this Commonwealth and also attracts to this Commonwealth 6 laroe numbers of nonresidents significantly contributing to 7 the economy of this Commonwealth. It is recoanized that as in 8 some other sports, there are inherent risks in the sport of 9 downhill skiing. 10 (2) The doctrine of voluntary assumption of risk as 11 apolies to downhill skiing injuries and damages is not 12 modified dv subsection (a) 13 (d) Savings provisions--nothing in this section shall be 14 construed in any way to create, abolish or modify a cause of 15 action or to limit a party s right to join another notentially 16 responsible party. 17 (e) Definitions--As used in this section the following 18 words and phrases shall have the meanings given to them in this 19 subsection: 20 "Defendant or defendants." Includes impleaded defendants. 21 Off-road vehicle." A motorized vehicle that is used of 22 road for sport or recreation. The term includes snowmobiles, 23 all-terrain vehicles, motorcycles and four-wheel drive vehicles. 24 "Off-road vehicle riding area." Any area or facility 25 providing recreational activities for off-road vehicles. 26 "Off-road vehicle riding area operator." A person or 27 organization owning or having operational responsibility for any 28 off-road vehicle riding area. The term includes: 29 (1) Agencies and oolitical subdivisions of this 30 Commonwealth B0500PN

12 1 (2) Authorities created by political subdivisions. 2 (3) Private comuanies. 3 "Plaintiff - " Includes counter claimants and cross-claimants. 4 Section 3. Nothing in the repeal or addition of 42 Pa.C.S or shall be construed to diminish the immunity of an 6 employer to the extent that the employer is granted immunity 7 from liability or suit pursuant to the act of June 2, 1915 B (PL736, No.338), known as the Workers Compensation Act. 9 Section 4, The repeal or addition of 42 Pa.C.S. S 7102 and shall apply to causes of action which accrue on or after 11 the effective date of this section. 12 Section 5. This act shall take effect immediately SBO500PNO