Ā§663-10.5Ā  Government entity
as a tortfeasor; abolition of joint and several
liability.Ā  Any other law to the contrary notwithstanding, including but
not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31,
in any case where a government entity is determined to be a tortfeasor along
with one or more other tortfeasors, the government entity shall be liable for
no more than that percentage share of the damages attributable to the
government entity; provided that joint and several liability shall be retained
for tort claims relating to the maintenance and design of highways pursuant to
section 663-10.9.



For purposes of this section, "government
entity" means any unit of government in this State, including the State
and any county or combination of counties, department, agency, institution,
board, commission, district, council, bureau, office, governing authority, or
other instrumentality of state or county government, or corporation or other
establishment owned, operated, or managed by or on behalf of this State or any
county.



For purposes of this section, the liability of
a government entity shall include its vicarious liability for the acts or
omissions of its officers and employees. [L 1994, c 213, Ā§1; am L 2001,
c 300, Ā§2; am L 2006, c 112, Ā§1]



 



Note



 



Ā  Applies only to causes of action based upon acts or omissions
occurring on or after June 22, 1994.Ā  L 1994, c 213, Ā§3.



 



Case Notes



 



Ā  The plain language of this section's nonretroactivity clause
focuses upon the specific "acts or omissions" that predicate a
plaintiff's claim, and, therefore, the clause's applicability is not keyed to
when the plaintiff's cause of action "accrues"; thus, trial court
erred in apportioning liability between department of education (DOE) and
teacher and DOE was liable to plaintiffs for the full extent of their damages.Ā 
100 H. 34, 58 P.3d 545.



Ā  This section, which abolishes joint and several liability for
government entities, did not supersede or impliedly repeal (1) Ā§663-10.9(4),
which expressly allows for recovery of non-economic damages in motor vehicle
accidents involving the maintenance and design of highways, or (2)
Ā§663-10.9(1), that provides for the recovery of economic damages against joint
tortfeasors in actions involving injury or death to persons.Ā  110 H. 97, 129
P.3d 1125.



Ā  Plaintiffs' negligence claim included the right to recover
under an unmodified doctrine of joint and several liability, as at the time
their claim accrued, this section (2005) imposed joint and several liability
for economic and noneconomic damages upon any jointly liable person; thus,
because the legislature did not intend for Act 112, L 2006 to apply
retroactively to divest the plaintiffsā€™ accrued or substantive rights, the
trial court correctly concluded that Act 112 did not apply to the case. 117
H. 262, 178 P.3d 538.