Field v. Boyer Co., LC

I agree that Utah’s Comparative Fault Act, see Utah Code Ann. § 78-27-38, does not permit the fault of a defendant to be reduced by the fault of a nonimmune nonparty. That conclusion is solidly based on the statutory language and on sound policy.

I emphatically disagree, however, with the dictum in Chief Justice Zimmerman’s opinion that the Comparative Negligence Act requires a comparison of the “fault” of an intentional tortfeasor with the “fault” of a negligent tortfeasor. Reducing the legal liability of an intentional tortfeasor by another person’s negligence is contrary to terms of the…