Casualty & LiabilityQuestion 75 of 215
A plaintiff in California suffers $300,000 in economic damages (medical bills, lost wages) and $200,000 in non-economic damages (pain and suffering). Defendant A is 10% at fault; Defendant B (insolvent) is 90% at fault. Under Civil Code §1431.2, what may the plaintiff collect from Defendant A?
a.$50,000 (10% of total damages)
b.$30,000 (10% of economic only)
c.$500,000 (joint and several for everything)
d.$320,000 ($300,000 economic + $20,000 non-economic)
Explanation
Proposition 51 (Civil Code §1431.2) retained joint and several liability for ECONOMIC damages but limited liability for NON-ECONOMIC damages to each defendant's percentage of fault. So Defendant A is jointly liable for the full $300,000 of economic damages, plus only 10% of the $200,000 in non-economic damages ($20,000), for a total of $320,000. The plaintiff cannot collect more non-economic damages from A because B is insolvent.
Law Reference: Cal. Civ. Code §1431.2 (Proposition 51)Practice all 215 questions free — no signup required.
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