WV HB2002 | 2015 | Regular Session
Status
Completed Legislative Action
Sponsorship: Partisan Bill (Republican 11)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 59, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Sponsorship: Partisan Bill (Republican 11)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 59, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Summary
The purpose of this bill is to predicates actions for damages upon principles of comparative fault. The bill establishes the comparative fault standard. The bill abolishes joint liability and implements several liability. The bill establishes how to consider the fault of nonparties. The bill establishes how to consider the fault of, and the amounts paid by, settling parties. The bill provides for the use of special interrogatories. The bill clarifies fault may be imputed to another person who was acting as an agent or servant of another. The bill allows the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available. The bill precludes the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect. The bill provides for the burden of proof and limitations. The bill defines terms.
Title
Predicating actions for damages upon principles of comparative fault
Sponsors
Roll Calls
2015-02-24 - Senate - Senate adopted conference report and passed bill (Roll No. 1) (Y: 28 N: 6 NV: 0 Abs: 0) [PASS]
2015-02-23 - House - House adopted conference report and passed bill (Roll No. 174) (Y: 71 N: 21 NV: 8 Abs: 0) [PASS]
2015-02-09 - Senate - Passed Senate with amended title (Roll No. 3) (Y: 24 N: 9 NV: 0 Abs: 0) [PASS]
2015-01-27 - House - Passed House (Roll No. 13) (Y: 74 N: 25 NV: 0 Abs: 0) [PASS]
2015-01-27 - House - Amendment rejected (Roll No. 12) (Y: 40 N: 60 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 11) (Y: 32 N: 68 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 10) (Y: 34 N: 66 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 9) (Y: 38 N: 62 NV: 0 Abs: 0) [FAIL]
2015-02-23 - House - House adopted conference report and passed bill (Roll No. 174) (Y: 71 N: 21 NV: 8 Abs: 0) [PASS]
2015-02-09 - Senate - Passed Senate with amended title (Roll No. 3) (Y: 24 N: 9 NV: 0 Abs: 0) [PASS]
2015-01-27 - House - Passed House (Roll No. 13) (Y: 74 N: 25 NV: 0 Abs: 0) [PASS]
2015-01-27 - House - Amendment rejected (Roll No. 12) (Y: 40 N: 60 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 11) (Y: 32 N: 68 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 10) (Y: 34 N: 66 NV: 0 Abs: 0) [FAIL]
2015-01-27 - House - Amendment rejected (Roll No. 9) (Y: 38 N: 62 NV: 0 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2015-04-15 | House | Chapter 59, Acts, Regular Session, 2015 |
| 2015-03-05 | House | Approved by Governor 3/5/15 |
| 2015-03-06 | House | Approved by Governor 3/5/15 - House Journal |
| 2015-03-06 | Senate | Approved by Governor 3/5/15 - Senate Journal |
| 2015-03-02 | House | To Governor 3/2/15 |
| 2015-03-03 | House | To Governor 3/2/15 - House Journal |
| 2015-03-02 | Senate | To Governor 3/2/15 - Senate Journal |
| 2015-02-24 | House | House received Senate message |
| 2015-02-24 | Senate | Completed legislative action |
| 2015-02-24 | Senate | Communicated to House |
| 2015-02-24 | Senate | Senate adopted conference report and passed bill (Roll No. 1) |
| 2015-02-24 | Senate | House Message received |
| 2015-02-23 | House | Communicated to Senate |
| 2015-02-23 | House | House adopted conference report and passed bill (Roll No. 174) |
| 2015-02-23 | House | Conference report received-House |
| 2015-02-23 | House | Conference report filed - House |
| 2015-02-20 | Senate | Conference report filed - Senate |
| 2015-02-19 | House | Conference committee extended - Joint Rules |
| 2015-02-19 | House | Resolution adopted to extend conference |
| 2015-02-13 | Senate | House Message received |
| 2015-02-12 | House | To conference |
| 2015-02-12 | House | Communicated to Senate |
| 2015-02-12 | House | House appointed conferees: Shott, McCuskey, Lynch |
| 2015-02-12 | House | House agreed to conference |
| 2015-02-12 | House | House received Senate message |
| 2015-02-11 | Senate | Senate requests House to concur |
| 2015-02-11 | Senate | Senate appoints conference committee: Trump, Carmichael, Palumbo |
| 2015-02-11 | Senate | Senate refused to recede; requested conference (Voice vote) |
| 2015-02-11 | Senate | House Message received |
| 2015-02-10 | House | Communicated to Senate |
| 2015-02-10 | House | House refused to concur; requested Senate to recede (Voice) |
| 2015-02-10 | House | House received Senate message |
| 2015-02-09 | Senate | Senate requests House to concur |
| 2015-02-09 | Senate | Passed Senate with amended title (Roll No. 3) |
| 2015-02-09 | Senate | Read 3rd time |
| 2015-02-09 | Senate | Committee amendment adopted (Voice vote) |
| 2015-02-09 | Senate | Amendments to committee amendment rejected (Voice vote) |
| 2015-02-09 | Senate | Committee Amendment Reported |
| 2015-02-09 | Senate | On 3rd reading with right to amend, amends pend. |
| 2015-02-06 | Senate | Read 2nd time |
| 2015-02-06 | Senate | On 2nd reading |
| 2015-02-05 | Senate | Read 1st time |
| 2015-02-05 | Senate | On 1st reading |
| 2015-02-04 | Senate | Reported do pass, with amendment and title amendment |
| 2015-01-28 | Senate | To Judiciary |
| 2015-01-28 | Senate | To Judiciary |
| 2015-01-28 | Senate | Introduced in Senate |
| 2015-01-28 | Senate | House Message received |
| 2015-01-27 | House | Communicated to Senate |
| 2015-01-27 | House | Title amendment adopted (Voice vote) |
| 2015-01-27 | House | Passed House (Roll No. 13) |
| 2015-01-27 | House | Read 3rd time |
| 2015-01-27 | House | Amendment adopted (Voice vote) |
| 2015-01-27 | House | Amendment rejected (Roll No. 12) |
| 2015-01-27 | House | Amendment rejected (Roll No. 11) |
| 2015-01-27 | House | Amendment withdrawn (Voice vote) |
| 2015-01-27 | House | Amendment rejected (Roll No. 10) |
| 2015-01-27 | House | Amendment rejected (Roll No. 9) |
| 2015-01-27 | House | Amendment withdrawn (Voice vote) |
| 2015-01-27 | House | Amendment reported by the Clerk |
| 2015-01-27 | House | Reported by the Clerk |
| 2015-01-27 | House | On 3rd reading with restricted right to amend, Daily Calender |
| 2015-01-26 | House | Amendments pending |
| 2015-01-26 | House | Read 2nd time |
| 2015-01-26 | House | On 2nd reading, Daily Calendar |
| 2015-01-23 | House | Read 1st time |
| 2015-01-23 | House | On 1st reading, Daily Calendar |
| 2015-01-22 | House | By substitute, do pass |
| 2015-01-14 | House | To House Judiciary |
| 2015-01-14 | House | Introduced in House |
| 2015-01-14 | House | To Judiciary |
| 2015-01-14 | House | Filed for introduction |
Same As/Similar To
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 55 | 7 | 13 | Repealed Code | Citation Text |
| 55 | 7 | 13a | New Code | See Bill Text |
| 55 | 7 | 13b | New Code | See Bill Text |
| 55 | 7 | 13c | New Code | See Bill Text |
| 55 | 7 | 13d | New Code | See Bill Text |
| 55 | 7 | 24 | Repealed Code | Citation Text |
