LRBs0091/1
RPN:kmg:aj
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 SENATE BILL 11
April 6, 1995 - Offered by Special committee on State-Federal Relations.
SB11-ASA2,1,3
1An Act to renumber and amend 895.045; and
to create 895.045 (2) and (3) and
2895.85 of the statutes;
relating to: comparative negligence and punitive
3damages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB11-ASA2, s. 1
4Section
1. 895.045 of the statutes is renumbered 895.045 (1) and amended to
5read:
SB11-ASA2,2,46
895.045
(1) (title)
Contributory Comparative negligence. Contributory
7negligence
shall does not bar recovery in an action by any person or the person's legal
8representative to recover damages for negligence resulting in death or in injury to
9person or property, if
such that negligence was not greater than the negligence of the
10person against whom recovery is sought, but any damages allowed shall be
11diminished in the proportion to the amount of negligence
attributable attributed to
12the person recovering.
The liability of any person found to be less than 10% causally
13negligent is limited to 50% of the total amount recoverable from the persons found
14to be causally negligent or to the amount of the liability limits of any policy of
1insurance covering the person's liability for the damages caused by the negligence,
2whichever amount is greater. The liability of any person found to be equal to or
3greater than 10% causally negligent is equal to the total amount recoverable from
4the persons found to be causally negligent.
SB11-ASA2, s. 2
5Section
2. 895.045 (2) and (3) of the statutes are created to read:
SB11-ASA2,2,96
895.045
(2) Concerted action. Notwithstanding sub. (1), if 2 or more persons
7act in accordance with a common scheme or plan, those persons are jointly and
8severally liable for all damages resulting from that action, except as provided in s.
9895.85 (5).
SB11-ASA2,2,13
10(3) Joint and several liability. Notwithstanding sub. (1), all persons found
11causally negligent in a cause of action for damages resulting from environmental
12pollution, hazardous waste or substances or waste disposal sites are jointly and
13severally liable for those damages.
SB11-ASA2,2,15
15895.85 Punitive damages. (1) Definitions. In this section:
SB11-ASA2,2,1616
(a) "Defendant" means the party against whom punitive damages are sought.
SB11-ASA2,2,1917
(b) "Double damages" means those court awards made under a statute
18providing for twice, 2 times or double the amount of damages suffered by the injured
19party.
SB11-ASA2,2,2020
(c) "Plaintiff" means the party seeking to recover punitive damages.
SB11-ASA2,2,2221
(d) "Treble damages" means those court awards made under a statute
22providing for 3 times or treble the amount of damages suffered by the injured party.
SB11-ASA2,3,2
23(2) Scope. This section does not apply to awards of double damages or treble
24damages, or to the award of exemplary damages under ss. 46.90 (6) (c), 51.30 (9),
151.61 (7), 103.96 (2), 153.85, 252.14 (4), 252.15 (8) (a), 943.245 (2) and (3) and 943.51
2(2) and (3).
SB11-ASA2,3,5
3(3) Standard of conduct. The plaintiff may receive punitive damages if
4evidence is submitted showing that the defendant acted maliciously toward the
5plaintiff or in a wilful disregard of the rights of the plaintiff.
SB11-ASA2,3,7
6(4) Procedure. If the plaintiff establishes a prima facie case for the allowance
7of punitive damages:
SB11-ASA2,3,88
(a) The plaintiff may introduce evidence of the wealth of a defendant; and
SB11-ASA2,3,119
(b) The judge shall submit to the jury a special verdict as to punitive damages
10or, if the case is tried to the court, the judge shall issue a special verdict as to punitive
11damages.
SB11-ASA2,3,13
12(5) Application of joint and several liability. The rule of joint and several
13liability does not apply to punitive damages.
SB11-ASA2,3,1615
(1) This act first applies to civil actions commenced on the effective date of this
16subsection.
