MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Walls

AN ACT TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE PERSONS AND TO PROVIDE THAT DEFENDANTS AGAINST WHOM A JUDGMENT IS RENDERED AS JOINT TORT-FEASORS SHALL SHARE EQUALLY THE OBLIGATION IMPOSED BY SUCH JUDGMENT; TO PROVIDE FOR CONTRIBUTION BETWEEN JOINT TORT-FEASORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 85-5-7, Mississippi Code of 1972, is amended as follows:

85-5-7. In any action for damages where judgment is rendered against two (2) or more defendants, jointly and severally, as joint tort-feasors, the defendants against whom such a judgment is rendered shall share equally the obligation imposed by such judgment, and if one (1) of such defendants pays an amount greater than the total sum of the judgment divided by the number of defendants against whom the judgment was rendered, then the other defendants shall be jointly and severally liable to him for the amount so paid in excess of his proportionate part; provided that no defendant shall be liable to any other defendant for more than his proportionate share of the original judgment.

In determining, for the purpose of the above contribution, the number of defendants against whom the judgment has been rendered, an employer and his employee, or a principal and his 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 commission of his employee or agent; and the liability of such defendants against whom such a judgment has been rendered shall be joint and several as to the plaintiff in whose favor such judgment has been rendered.

SECTION 2. The provisions of this act shall apply only to causes of action accruing on or after July 1, 1999.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.