Bill Text: OR HB3019 | 2013 | Regular Session | Introduced

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Bill Title: Relating to damages; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3019 Detail]

Download: Oregon-2013-HB3019-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1462

                         House Bill 3019

Sponsored by Representative CONGER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that, if amount paid in settlement is more than
person's share of obligation to claimant, amount exceeding
person's share of obligation is allocated to reduce obligations
of other persons based on percentages of fault determined by
trier of fact.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to damages; creating new provisions; amending ORS
  31.610; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.610 is amended to read:
  31.610. (1) Except as otherwise provided in this section, in
any civil action arising out of bodily injury, death or property
damage, including claims for emotional injury or distress, loss
of care, comfort, companionship and society, and loss of
consortium, the liability of each defendant for damages awarded
to plaintiff shall be several only and shall not be joint.
  (2) In any action described in subsection (1) of this section,
the court shall determine the award of damages to each claimant
in accordance with the percentages of fault determined by the
trier of fact under ORS 31.605 and shall enter judgment against
each party determined to be liable. The court shall enter a
judgment in favor of the plaintiff against any third party
defendant who is found to be liable in any degree, even if the
plaintiff did not make a direct claim against the third party
defendant. The several liability of each defendant and third
party defendant shall be set out separately in the judgment,
based on the percentages of fault determined by the trier of fact
under ORS 31.605. The court shall calculate and state in the
judgment a monetary amount reflecting the share of the obligation
of each person specified in ORS 31.600 (2).  { + Except as
provided in subsection (3) of this section, + } each person's
share of the obligation shall be equal to the total amount of the
damages found by the trier of fact, with no reduction for amounts
paid in settlement of the claim or by way of contribution,
multiplied by the percentage of fault determined for the person
by the trier of fact under ORS 31.605.
   { +  (3) If the amount paid in settlement by a person
specified in ORS 31.600 (2) is more than the person's share of
the obligation to a claimant calculated under subsection (2) of
this section, the amount exceeding the person share of the
obligation shall be allocated to reduce the obligations of the
other persons specified in ORS 31.600 (2) based on the
percentages of fault determined by the trier of fact under ORS
31.605. + }
    { - (3) - }   { + (4) + } Upon motion made not later than one
year after judgment has become final by lapse of time for appeal
or after appellate review, the court shall determine whether all
or part of a party's share of the obligation determined under
subsection (2) of this section is uncollectible. If the court
determines that all or part of any party's share of the
obligation is uncollectible, the court shall reallocate any
uncollectible share among the other parties. The reallocation
shall be made on the basis of each party's respective percentage
of fault determined by the trier of fact under ORS 31.605. The
claimant's share of the reallocation shall be based on any
percentage of fault determined to be attributable to the claimant
by the trier of fact under ORS 31.605, plus any percentage of
fault attributable to a person who has settled with the claimant.
Reallocation of obligations under this subsection does not affect
any right to contribution from the party whose share of the
obligation is determined to be uncollectible. Unless the party
has entered into a covenant not to sue or not to enforce a
judgment with the claimant, reallocation under this subsection
does not affect continuing liability on the judgment to the
claimant by the party whose share of the obligation is determined
to be uncollectible.
    { - (4) - }   { + (5) + } Notwithstanding subsection
 { - (3) - }   { + (4) + } of this section, a party's share of
the obligation to a claimant may not be increased by reason of
reallocation under subsection   { - (3) - }   { + (4) + } of this
section if:
  (a) The percentage of fault of the claimant is equal to or
greater than the percentage of fault of the party as determined
by the trier of fact under ORS 31.605; or
  (b) The percentage of fault of the party is 25 percent or less
as determined by the trier of fact under ORS 31.605.
    { - (5) - }   { + (6) + } If any party's share of the
obligation to a claimant is not increased by reason of the
application of subsection   { - (4) - }   { + (5) + } of this
section, the amount of that party's share of the reallocation
shall be considered uncollectible and shall be reallocated among
all other parties who are not subject to subsection   { - (4) - }
 { + (5) + } of this section, including the claimant, in the same
manner as otherwise provided for reallocation under subsection
 { - (3) - }   { + (4) + } of this section.
    { - (6) - }   { + (7) + } This section does not apply to:
  (a) A civil action resulting from the violation of a standard
established by Oregon or federal statute, rule or regulation for
the spill, release or disposal of any hazardous waste, as defined
in ORS 466.005, hazardous substance, as defined in ORS 453.005 or
radioactive waste, as defined in ORS 469.300.
  (b) A civil action resulting from the violation of Oregon or
federal standards for air pollution, as defined in ORS 468A.005
or water pollution, as defined in ORS 468B.005.
  SECTION 2.  { + The amendments to ORS 31.610 by section 1 of
this 2013 Act apply only to causes of action that arise on or
after the effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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