Legal Opinion

Thomas v. Duggins Construction Co., Inc.

California Court of Appeal

Decided June 12, 2006No. D044470PublishedCited by 19 opinions

1Opinion of the Court

Opinion

McINTYRE, J.

The principal issue presented in this case is whether an intentional tortfeasor is entitled to a reduction or apportionment of noneconomic damages under Proposition 51 (otherwise known as the Fair Responsibility Act of 1986 and codified at Civil Code sections 1431 to 1431.5). We answer this question in the negative.

William Thomas and Woodrow C. Taylor (the plaintiffs) sued Duggins Construction Company, Inc. (Duggins), and certain of its employees for injuries they sustained when the scissor lift it sold to their employer collapsed on a construction jobsite. A jury found in…

2Cases cited15 opinions

  1. Knight v. JewettCalifornia Supreme Court · 1992
  2. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  3. Hale v. MorganCalifornia Supreme Court · 1978
  4. PPG Industries, Inc. v. Transamerica InsuranceCalifornia Supreme Court · 1999
  5. Barella v. Exchange BankCalifornia Court of Appeal · 2000

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3Cited by19 opinions

  1. People v. MillardCalifornia Court of Appeal · 2009
  2. P. v. Petronella CA4/3California Court of Appeal · 2013
  3. Bettencourt v. City & County of San FranciscoCalifornia Court of Appeal · 2007
  4. Burch v. Certainteed Corp., California Court of Appeal, 5th District2019
  5. B.B. v. Cnty. of L. A., California Court of Appeal, 5th District2018

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