Prop 51 Does Not Eliminate Joint and Several Liability for Noneconomic Damages, Calif. Appeals Court Rules

OAKLAND, Calif. –– California’s Proposition 51 does not eliminate an intentional tortfeasor’s joint and several liability for noneconomic damages, a state appellate court has ruled in reversing a judgment following a $10.3 million verdict in an asbestos exposure case.

In an April 15 partially-published opinion, the California Court of Appeal, 1st District, ordered the trial court to enter a new judgment holding CertainTeed Corp. jointly and severally liable for all of plaintiffs’ economic and noneconomic damages. The appellate court found the trial court erred in apportioning plaintiffs’ noneconomic damages according to CertainTeed’s allocated proportion of fault under Proposition 51.

However, …