STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 1122	By:	Sykes

AS INTRODUCED

An Act relating to damages; amending Section 18, Chapter 368, O.S.L. 2004 (23 O.S. Supp. 2008, Section 15), which relates to joint tortfeasor liability; eliminating certain liability; stating applicability of act; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 18, Chapter 368, O.S.L. 2004 (23 O.S. Supp. 2008, Section 15), is amended to read as follows:
Section 15.  A.  Except as provided in subsections subsection B and C of this section, in any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.
B.  A defendant shall be jointly and severally liable for the damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than fifty percent (50%).
C.  If at the time the incident which gave rise to the cause of action occurred, any a joint tortfeasors tortfeasor acted with willful and wanton conduct or with reckless disregard of the consequences of the conduct and such conduct proximately caused the damages legally recoverable by the plaintiff, the liability for damages shall be joint and several as to any such tortfeasor.
D.  This section shall not apply to actions brought by the state or a political subdivision of the state or any action in which no comparative negligence is found to be attributable to the plaintiff.
E. C.  The provisions of this section shall apply to all civil actions based on fault and not arising out of contract that accrue on or after November 1, 2004 2009.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-554	TEK	1/15/2009 6:44:14 PM