Res 85-083RESOLUTION NO. 85-083
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
~]ORSING THE "FAIR RESPONSIBILITY ALT OF 1986"
R~C~RDING THE JOINT ABR) SE~R~%L LIABILITY LAW
WHEREAS, the present joint and several liability law, also known as the
"Dccp Pocket Doctrine," has unfairly cost the cities of California millions of
dollars in court judgmmnts, settlements, legal costs, skyrocketing insurance
premiums and difficulty in obtaining adequate liability insurance coverage; and
WHEREAS, this same doctrine has also cost other governmental bodies, busi-
ness firms and professionals many millions of dollars; and
WHEREAS, tony cities, other goverrm%ental bodies, business firms and
professionals are selected as defendants in lawsuits merely because of their
perceived assets or insurance and often are found only fractionally at fault but
must pay most or all of the judgment because the defendants most at fault cannot
pay; and
WHEREAS, the cost of this is unfairly borne by the taxpayers and consumers
of California; and
WHEREAS, the "Fair Responsibility Act of 1986" is an initiative msasure that
would give the voters of California an opportunity to refom the inequities and
injustices of the "Deep Pocket Doctrine" by holding liability lawsuit defendants
financially liable in closer proportion to their degree of fault.
NO~, THEREFORE BE IT RESOLV~I), that the City Council of the City of Poway,
California, endorse the "Fair Responsibility Act of 1986" and urge its support
end passage to relieve the financial strain imposed on local goverrm~_nt and its
taxpayers.
PASS~D, ADOPTED AND APPROVED, by the City,~ouncil of the City of Poway,
~] ifornia, at a regular meeting thereof this i~/day of November, 1985.
Carl R. Kruse, Mayor
Marjor~e K. Wahlsten, City Clerk