DaFONTE v. UP-RIGHT, INC.

Docket No. S022331.

2 Cal.4th 593 (1992)

828 P.2d 140

7 Cal. Rptr.2d 238

MARK DAFONTE, a Minor, etc., Plaintiff and Appellant, v. UP-RIGHT, INC., Defendant and Appellant.

Supreme Court of California.

May 4, 1992.


Attorney(s) appearing for the Case

COUNSEL

Miles, Sears & Eanni and William J. Seiler for Plaintiff and Appellant.

Ian Herzog, Douglas Devries, Leonard Sacks, Bruce Broillet, David Harney, Laurence Drivon, Roland Wrinkle, Harvey R. Levine, Leonard Esquina, Philip Bruce, Silver, McWilliams, Stolpman, Mandel, Katzman, Krissman & Elber, Thomas G. Stolpman, Donna Silver, Rose, Klein & Marias, Robert B. Steinberg, David A. Rosen and Arlyn M. Egers as Amici Curiae on behalf of Plaintiff and Appellant.

Baker, Manock & Jensen, Mark W. Snauffer, Cathrine E. Basham, G. Martin Tuttle, Wunsch & George and Armen L. George for Defendant and Appellant.

Harvey M. Grossman, Ronald A. Zumbrun, Anthony T. Caso, Deborah J. Martin, Fred J. Hiestand, Fred L. Main, Haight, Brown & Bonesteel, Roy G. Weatherup, Delos E. Brown and Caroline E. Chan as Amici Curiae on behalf of Defendant and Appellant.


OPINION

BAXTER, J.

California's system of "comparative fault" seeks to distribute tort damages proportionately among all who caused the harm. However, even after judicial adoption of the comparative fault system, every culpable tort defendant, regardless of his or her degree of fault, remained "jointly and severally" liable to pay any damages attributable to the fault of others who failed to contribute their proportionate share. This...

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