THOMAS v. DUGGINS CONSTRUCTION CO., INC.

No. D044470.

44 Cal.Rptr.3d 66 (2006)

139 Cal.App.4th 1105

William THOMAS et al., Plaintiffs and Appellants, v. DUGGINS CONSTRUCTION COMPANY, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

As Modified June 12, 2006.


Attorney(s) appearing for the Case

David A. Kay, San Diego; Yeager & Pierson, Judith Y. Pierson and Randy J. Rutten, El Centro; Singleton & Associates, Terry Singleton and Horacio Barraza, San Diego, for Plaintiffs and Appellants.

Haight Brown & Bonesteel and Jules S. Zeman, Los Angeles; Maxie Rheinheimer Stephens & Vrevich and J. Dean Rice, San Diego, for Defendants and Appellants.


McINTYRE, J.

The principal issue presented in this case is whether an intentional tortfeasor is entitled to a reduction or apportionment of noneconomic damages under Proposition 51 (otherwise known as the Fair Responsibility Act of 1986 and codified in Civil Code sections 1431 to 1431.5). We answer this question in the negative.

William Thomas and Woodrow C. Taylor (the plaintiffs) sued Duggins Construction Company, Inc. (Duggins) and certain of its employees...

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