DaFonte v. Up-Right, Inc.

Opinion

BAXTER, J.

California’s system of “comparative fault” seeks to distribute tort damages proportionately among all who caused the harm. However, even after judicial adoption of the comparative fault system, every culpable tort defendant, regardless of his or her degree of fault, remained “jointly and severally” liable to pay any damages attributable to the fault of others who failed to contribute their proportionate share. This rule of joint and several liability applied not only to the injured person’s “economic” damages, such as medical costs and lost earnings, but to “non-economic”…