RICHARDS v. OWENS-ILLINOIS, INC.

Docket No. S046001.

14 Cal.4th 985 (1997)

HARVEY RICHARDS, Plaintiff and Respondent, v. OWENS-ILLINOIS, INC., Defendant and Appellant.

Supreme Court of California.

January 23, 1997.


Attorney(s) appearing for the Case

COUNSEL

Morgenstein & Jubelirer, Eliot S. Jubelirer, Lee Ann Huntington and Bruce A. Wagman for Defendant and Appellant.

Thelen, Marrin, Johnson & Bridges, Ronald F. Lopez, Miruni Soosaipillai, Haight, Brown & Bonesteel, Roy G. Weatherup, William J. Sayers, Caroline E. Chan, Brobeck, Phleger & Harrison, Thomas M. Peterson and Meredith N. Landy as Amici Curiae on behalf of Defendant and Appellant.

John C. Robinson and Bryce C. Anderson for Plaintiff and Respondent.

Steven M. Woodside, County Counsel (Santa Clara), Ann M. Ravel, Chief Assistant County Counsel, William C. Katzenstein, County Counsel (Riverside), Karen Keating Jahr, County Counsel (Shasta), Louise E. Renne, City Attorney (San Francisco), Patrick Mahoney, Elizabeth D. Laporte, Lieff, Cabraser, Heimann & Bernstein, Richard M. Heimann, Elizabeth J. Cabraser, William B. Hirsch, Robert J. Nelson and Jacqueline E. Mottek as Amici Curiae.


OPINION

BAXTER, J.

Proposition 51 (Civ. Code, § 1431 et seq.),1 adopted by the voters in 1986, provides that in a tort action governed by principles of comparative fault, a defendant shall not be jointly liable for the plaintiff's "non-economic damages," but shall only be severally liable for such damages "in direct proportion to that defendant's percentage of fault." (§ 1431.2, subd. (a).) Section...

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