Resolution 09742CITY OF ALAMEDA RESOLUTION NO. 9742
SUPPORTING SENATE BILL 500 WHICH WOULD ELIMINATE
JOINT AND SEVERAL LIABILITY IN A LAW SUIT
WHEREAS, under the present joint and several liability
rule a public agency, or any other defendant, who is liable for
any part of damages (even one or two percent) may be forced to
pay the entire award where the defendants primarily liable do
not have sufficient funds to pay the judgment; and
WHEREAS, cities are often forced to settle a case because
of fear of a significant judgment or have had to pay a consider-
able amount of money in damages where their responsibility for
the incident was minor; and
WHEREAS, Senate Bill 500 modifies the joint and several
liability rule so that damages in a personal injury action above
and beyond medical expenses and other actual out -of- pocket costs
can be recovered from a defendant for only that percentage of
the injury for which the defendant was held responsible by the
court;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that said Council expresses its support of Senate
Bill 500 by notifying Governor Jerry Brown, Chairs of the Assembly
Committee on Judiciary, Assembl_Yman,Elihu Harris and State Senator
Nicholas C. Petris.
I, the undersigned, hereby certify that the foregoing Resolution ,as
duly and regularly introduced and adopted by the Council of the City of
Alameda in regular meeting assembled on the 20th day of April
1982, by the Following vote, to wit:
AYES: Councilmen Diament, Gorman, Sherratt, Stone and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 21st day of April , 1982.
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