AMENDMENT No. 4 TO AMENDMENT No. 1 PROPOSED TO
House Bill NO. 2
By Senator(s) Robertson
AMEND by deleting lines 125 through 172 and inserting in lieu thereof the following:
SECTION *. Section 85-5-7, Mississippi Code of 1972, is amended as follows:
85-5-7. (1) As used in this section "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn. "Fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent.
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(2) Except as may be otherwise provided in subsection (4) of this section, in any civil action based on fault, the liability for damages caused by two (2) or more persons shall be several only, and not joint and several and a joint tort-feasor shall be liable only for the amount of damages allocated to him in direct proportion to his percentage of fault. In assessing percentages of fault, an employer and the employer's employee or a principal and the principal's agent shall be considered as one (1) defendant when the liability of such employer or principal has been caused by the wrongful or negligent act or omission of the employee or agent.
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(3) Nothing in this section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly noted herein.
(4) Joint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it. Any person held jointly and severally liable under this section shall have a right of contribution from his fellow defendants acting in concert.
(5) In actions involving joint tort-feasors, the trier of fact shall determine the percentage of fault for eachjoint tort-feasor, including named parties and absent tort-feasors without regard to whether the joint tort-feasor is immune from damages. Fault allocated to an immune tort-feasor shall not be reallocated to any other tort-feasor.
(6) Nothing in this section shall be construed to create a cause of action. Nothing in this section shall be construed, in any way, to alter the immunity of any person.
AMEND by deleting lines 371 through 394 and renumbering subsequent sections accordingly.
AMEND by changing the period on line 1190 to a semicolon and inserting the following:
provided, however, that Section * of this act shall take effect and be in force from and after its passage and shall apply to all causes of action pending on, and filed after, that date.
FURTHER, AMEND the title to conform.