RES 84040 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 84-40 A RESOLUTION OF THE CITY OF PLEASANTON URGING REFORM OF THE "JOINT AND SEVERAL LIABILITY RULE" WHEREAS, the City of Pleasanton is finding it increasingly difficult to maintain basic levels of public service with dwindling revenues and increased demands for service from the public; and WHEREAS, the cost of procuring liability insurance and the cost of defending tort claims is rising dramatically, placing a severe strain on the budget of this city; and WHEREAS, one of the main reasons for the increasing cost of liability insurance and tort defense is the California rule of "joint and several liability," which allows a plaintiff to recover 100% of a judgment from a defendant who may be only slightly negligent or resDon- sib!e for the damages suffered; and WHEREAS, because of this rule, cities are becoming "target defendants" in every serious injury case, because some allegation can almost always be made that public streets were maintained or designed in a defective or unsafe manner; and WHEREAS, cities have been forced to offer settlements in lawsuits where they have very little liability, in order to avoid the risk of a jury awarding a catastrophic judgment against them; and WHEREAS, reform of the "joint and several liability rule" is desperately needed to resolve the mushrooming financial threat that it poses to cities and their insurers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES AS FOLLOWS: Section 1: The City Council of the City of Pleasanton urges immediate and effective reform of the ".~oint and several liability rule" by any of the following methods: 1. An amendment to the rule so that a defendant would pay for damages only in proportion to its negligence. 2. An amendment to the rule so that cities, counties and special districts would pay actual sDecial damages, and a percentage of general damages in relation to their percentage degree of neSligence.