LRBs0071/1
RPN:jrd:kaf
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 11
April 4, 1995 - Offered by Committee on Judiciary.
SB11-ASA1,1,2
1An Act to renumber and amend 895.045; and
to create 895.045 (2) to (5) of the
2statutes;
relating to: comparative negligence and punitive damages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB11-ASA1, s. 1
3Section
1. 895.045 of the statutes is renumbered 895.045 (1) and amended to
4read:
SB11-ASA1,2,55
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.
Except as provided in this subsection and subs. (2) and (3),
12the liability of each person found to be causally negligent whose percentage of causal
13negligence is less than 15% is limited to the percentage of the total causal negligence
14attributed to that person. Any person whose percentage of causal negligence is less
1than 15% shall be jointly and severally liable for the damages allowed if the person's
2causal negligence is at least twice that of the causal negligence of the person
3recovering or the causal negligence of the person recovering is 0%, and only to the
4extent of the limits of any applicable insurance of the person whose percentage of
5causal negligence is less than 15%.
SB11-ASA1, s. 2
6Section
2. 895.045 (2) to (5) of the statutes are created to read:
SB11-ASA1,2,107
895.045
(2) Concerted action. Notwithstanding sub. (1), if 2 or more persons
8act in accordance with a common scheme or plan, those persons are jointly and
9severally liable for all damages resulting from that action, except as provided in sub.
10(5).
SB11-ASA1,2,14
11(3) Joint and several liability. Except as provided in sub. (5), nothing in this
12section prohibits the imposition of joint and several liability in a cause of action for
13damages resulting from environmental pollution, hazardous waste or substances or
14waste disposal sites.
SB11-ASA1,2,17
15(4) Double attorney fees and disbursements. Any defendant may recover
16double the attorney fees allowed under s. 814.04 (1) and double the disbursements
17allowed under s. 814.04 (2) if all of the following apply:
SB11-ASA1,2,1818
(a) The negligence of the defendant is less than 15%.
SB11-ASA1,2,2019
(b) The fact-finder is required to determine if the negligence of 2 or more
20persons other than the plaintiff resulted in the plaintiff's damages.
SB11-ASA1,2,2221
(c) The defendant is not found jointly and severally liable for the plaintiff's
22damages.
SB11-ASA1,2,24
23(5) Application of joint and several liability. The rule of joint and several
24liability does not apply to punitive damages.
SB11-ASA1,3,2
1(1) This act first applies to acts or omissions occurring on the effective date of
2this subsection.
