LRBs0035/2
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1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 11
February 28, 1995 - Offered by
Committee on Judiciary.
SB11-SSA1,1,2
1An Act to renumber and amend 895.045; and
to create 895.045 (2) and 895.85
2of the statutes;
relating to: comparative negligence and punitive damages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB11-SSA1, s. 1
3Section
1. 895.045 of the statutes is renumbered 895.045 (1) and amended to
4read:
SB11-SSA1,2,35
895.045
(1) (title)
Comparative negligence. Contributory negligence
shall 6does not bar recovery in an action by any person or the
preson's person's legal
7representative to recover damages for negligence resulting in death or in injury to
8person or property, if
such that negligence was not greater than the negligence of the
9person against whom recovery is sought, but any damages allowed shall be
10diminished in the proportion to the amount of negligence
attributable attributed to
11the person recovering.
The negligence of the plaintiff shall be measured separately
12against the negligence of each party found to be causally negligent. The liability of
13each party found to be causally negligent whose percentage of causal negligence is
14less than 51% is limited to the percentage of the total causal negligence attributed
1to that party. A party found to be causally negligent whose percentage of causal
2negligence is 51% or more shall be jointly and severally liable for the damages
3allowed.
SB11-SSA1, s. 2
4Section
2. 895.045 (2) of the statutes is created to read:
SB11-SSA1,2,85
895.045
(2) Concerted action. Notwithstanding sub. (1), if 2 or more parties
6act in accordance with a common scheme or plan, those parties are jointly and
7severally liable for all damages resulting from that action, except as provided in s.
8895.85 (5).
SB11-SSA1,2,10
10895.85 Punitive damages. (1) Definitions. In this section:
SB11-SSA1,2,1111
(a) "Defendant" means the party against whom punitive damages are sought.
SB11-SSA1,2,1412
(b) "Double damages" means those court awards made under a statute
13providing for twice, 2 times or double the amount of damages suffered by the injured
14party.
SB11-SSA1,2,1515
(c) "Plaintiff" means the party seeking to recover punitive damages.
SB11-SSA1,2,1716
(d) "Treble damages" means those court awards made under a statute
17providing for 3 times or treble the amount of damages suffered by the injured party.
SB11-SSA1,2,21
18(2) Scope. This section does not apply to awards of double damages or treble
19damages, or to the award of exemplary damages under ss. 46.90 (6) (c), 51.30 (9),
2051.61 (7), 103.96 (2), 153.85, 252.14 (4), 252.15 (8) (a), 943.245 (2) and (3) and 943.51
21(2) and (3).
SB11-SSA1,2,24
22(3) Standard of conduct. The plaintiff may receive punitive damages if
23evidence is submitted showing that the defendant acted maliciously toward the
24plaintiff or in an intentional disregard of the rights of the plaintiff.
SB11-SSA1,3,2
1(4) Procedure. If the plaintiff establishes a prima facie case for the allowance
2of punitive damages:
SB11-SSA1,3,33
(a) The plaintiff may introduce evidence of the wealth of a defendant; and
SB11-SSA1,3,64
(b) The judge shall submit to the jury a special verdict as to punitive damages
5or, if the case is tried to the court, the judge shall issue a special verdict as to punitive
6damages.
SB11-SSA1,3,8
7(5) Application of joint and several liability. The rule of joint and several
8liability does not apply to punitive damages.
SB11-SSA1,3,11
10(1) This act first applies to civil actions commenced on the effective date of this
11subsection.
