§ 52-572o — Comparative responsibility. Award of damages. Action for contribution.

Connecticut § 52-572o

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

(a) In any claim under sections 52-240a, 52-240b, 52-572m to 52-572q, inclusive, or 52-577a, the comparative responsibility of, or attributed to, the claimant, shall not bar recovery but shall diminish the award of compensatory damages proportionately, according to the measure of responsibility attributed to the claimant. (b) In any claim involving comparative responsibility, the court may instruct the jury to give answers to special interrogatories, or if there is no jury, the court may make its own findings, indicating (1) the amount of damages each claimant would receive if comparative responsibility were disregarded, and (2) the percentage of responsibility allocated to each party, including the claimant, as compared with the combined responsibility of all parties to the action. For this purpose, the court may decide that it is appropriate to treat two or more persons as a single party. (c) In determining the percentage of responsibility, the trier of fact shall consider, on a comparative basis, both the nature and quality of the conduct of the party. (d) The court shall determine the award for each claimant according to these findings and shall enter judgment against parties liable on the basis of the common law joint and several liability of joint tortfeasors. The judgment shall also specify the proportionate amount of damages allocated against each party liable, according to the percentage of responsibility established for such party. (e) If a judgment has been rendered, any action for contribution must be brought within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution either must have (1) discharged by payment the common liability within the period of the statute of limitations applicable to the right of action of the claimant against him and commenced the action for contribution within one year after payment, or (2) agreed while action was pending to discharge the common liability and, within one year after the agreement, have paid the liability and brought an action for contribution.

Legislative History

(P.A. 79-483, S. 4; P.A. 82-160, S. 244; P.A. 84-546, S. 122, 173.) History: P.A. 82-160 amended Subsec. (a) by deleting incorrect statutory references; P.A. 84-546 deleted reference to Sec. 38-370o in Subsec. (a); (Revisor's note: The reference in Subsec. (a) to Secs. “52-572n to 52-572r” was changed editorially by the Revisors to Secs. “52-572n to 52-572q” to reflect the repeal of Sec. 52-572r by P.A. 93-228, S. 34, 35). Cited. 187 C. 363; 192 C. 280; 200 C. 562; 203 C. 156; 204 C. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 C. 694. Cited. Id., 699; 207 C. 575; Id., 599; 208 C. 82; 210 C. 189; 212 C. 462; Id., 509; 213 C. 136; 216 C. 65; 225 C. 401; 226 C. 282; 229 C. 213; Id., 500; Id., 829; 233 C. 732; 236 C. 769; 241 C. 199; 243 C. 168. Section does not contemplate, and is inconsistent with, apportionment of a percentage of plaintiff's total damages to his employer who has intervened in the action to recoup worker's compensation payments made by employer; other than provision in Subsec. (c) requiring fact finder to consider both the nature and quality of the conduct of each party, section does not limit the type of conduct that may be considered in determining plaintiff's measure of comparative responsibility. 280 C. 1. Modified consumer expectation test, recognized in 241 C. 199, is the primary strict product liability test; ordinary consumer expectation test is reserved for those limited cases in which product fails to meet consumer's legitimate, commonly accepted minimum safety expectations. 321 C. 172. Cited. 1 CA 48; 3 CA 230; 8 CA 642; 16 CA 558; 30 CA 664; 31 CA 824; 32 CA 373; judgment reversed, see 229 C. 829; 36 CA 601; 39 CA 635; 40 CS 74; 41 CA 555; Id., 856; 46 CA 18; Id., 699. Cited. 40 CS 120; 41 CS 179; 42 CS 153; 44 CS 510. Legislature, in enacting section, abrogated claims for common-law indemnification. 49 CS 394. Subsec. (d): Purposes of this Subsec. and Subsec. (e) are to ensure, to the extent possible, that plaintiff is made whole by recovering the full amount of his net award, from all or any one of the defendants, and to provide that if any liable defendant pays more than its proportional share of that net award, it may seek appropriate contributions from the other liable defendants; employer who has intervened in the case to recoup workers' compensation benefits paid to plaintiff is not a party against which proportional liability may be assigned under section. 280 C. 1.