02/06/1995 01:08 PM House JUD

 HJUD - 02/06/95                                                               
 HB 19 - DEFINITION OF "FAULT" FOR CIVIL LIABILITIES                         
                                                                               
 Number 695                                                                    
                                                                               
 CHAIRMAN PORTER summarized where the committee was on HB 19.  The             
 bill proposed to add something that may not be necessary, but may             
 reduce some court time in trying to establish or not establish that           
 an intentional act is also an act that should be accrued to civil             
 fault.  If they put this into effect, how would it affect the                 
 general case law position which says an intentional actor is often            
 considered totally responsible for culpability of civil wrong.                
 This might diminish someone's recovery from people who are perhaps            
 negligently involved in a wrong, but not from one of the actors who           
 did so intentionally.  While that is an interesting question, it is           
 not a question this bill is asked to answer.  He read the Letter of           
 Intent, which states:                                                         
                                                                               
 "In adding `intentional' to the definition of fault in this                  
 chapter, the committee intends to make it clear that parties                  
 whose actions are arguably intentional may be named or joined                 
 in the litigation, as well as those who are allegedly                         
 negligent or reckless.  The inclusion of intentional                          
 tortfeasors does not preclude consideration of whether                        
 intentional tortfeasor's acts relieve unintentional                           
 tortfeasors of liability."                                                    
                                                                               
 In other words, what this says, is that we are not trying to answer           
 that question regarding the intentional actor's liability.  It is             
 out there to be answered on an individual basis anyway.  What we              
 are doing here is just stating that intentional actors do not get             
 a free ride from civil liability.  He asked if there were any                 
 questions about the Letter of Intent.                                         
                                                                               
 Number 740                                                                    
                                                                               
 REPRESENTATIVE TOOHEY made a motion to adopt the Letter of Intent,            
 which adds "intentional".   No objections were made, so the Letter            
 of Intent was adopted.                                                        
                                                                               
 Number 745                                                                    
                                                                               
 REPRESENTATIVE TOOHEY made a motion to move HB 19 with the Letter             
 of Intent, attached fiscal notes, and individual recommendations.             
 No objections were heard, so the bill moved out of committee.