HomeMy WebLinkAbout1985-07 Requesting Immediate Action on House Bill 1231 Relating to Joint and Several Liability in Negligence Actionsi
RESOLUTION N0. 7
Series of 1985
A RESOLUTION REQUESTING IMMEDIATE ACTION-ON HOUSE BILL.1231 RELATING TO JOINT AND SEVERAL LIABILITY IN NEGLIGENCE
ACTIONS
WHEREAS, as a result of a recent Colorado Supreme Court decision, a defendant
in a negligence case may be responsible for paying the entire judgment won by a
plaintiff in such case even if his degree of fault is less than that of any
other party; and
WHEREAS, the Town Council is of the opinion that said decision gr~atly.:~
increases the potential liability of municipal governments in negligence cases
so that they may wind up paying massive judgments in cases where they may only
have been slightly at fault; and
WHEREAS, the Colorado Municipal League has drafted and is sponsoring a joint
and several liability bill in the Colorado legislature which provides that when
recovery is allowed against more than one defendant and comparative negligence
is an issue, each defendant sha17 be liable for only that portion of the damages
which relates to his actual fault unless the fault of the defendant is greater
than the fault of the claimant.
NOW, THEREFORE, BE IT RESOLVED SY THE TOWN COUNCIL OF THE TpWN OF VAIL,
COLORADO, THAT:
Section 1
The Town Council strongly supports the passage of House Bill 1231.
Section 2
The Town Council authorizes the Tawn Manager and the Town Attorney to take
whatever steps are necessary to make said support known to the Town of Vail's
representatives in the Colorado legislature.
INTRODUCED, READ, PASSED, AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail, Colorado, held on Mar 5.~ 1985.
e~
P-a~i ] R. J ~ obi , T~4 or
LAT1EST:
Pamela A. Brandmeyer, own Clerk