An Act To Promote Equity in the Joint and Several Liability Law in Maine
Maine Legislature, Session 127, LD 0434
Committee Amendment CA_A_S125 (Senate)
Committee: Judiciary
Amends: 14 MRSA §156

COMMITTEE AMENDMENT" A " to S.P. 163, L.D. 434, Bill, "An Act To 
Promote Equity in the Joint and Several Liability Law in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inseliing the following: 
'Sec. 1. 14 MRSA §156, 5th ~, as amended by PL 1999, c. 633, § 1 and affected 
by §3, is further amended to read: 
In a case involving multiparty defendants, each defendant is jointly and severally 
liable to the plaintiff for the full amount of the plaintiffs pecuniary damages. HO'Never, 
any For nonpecuniary damages including emotional distress, pain and suffering and the 
loss of comfort, society and companionship, a defendant's liability is several and each 
defendant is liable for only the amount of the nonpecuniary damages proportional to the 
percentage of fault attributable to that defendant, unless the defendants acted in concert, 
in which case the defendants are jointly and severally liable for the' nonpecuniary 
damages. This limitation on liability also applies in any claim for contribution or action 
brought by another defendant. A defendant has the right through the use of special 
interrogatories to request of the jury the percentage of fault contributed by each 
defendant. If a defendant is released by the plaintiff under an agreement that precludes 
the plaintiff from collecting against remaining parties that portion of any damages 
attributable to the released defendant's share of responsibility, then the following rules 
apply.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
It replaces the bill. 
Under current Maine law, if 2 or more defendants are found to be liable to a plaintiff 
for the same injury, the defendants are jointly and severally liable for the full amount of 
the plaintiffs damages. 
COMMITTEE AMENDMENT 
COMMTTIEE AMENDMENT" A "to S.P. 163, L.D. 434 
The bill eliminates joint and several liability for a defendant who is less than 50% at 
fault while this amendment retains joint and several liability for pecuniary damages and 
in certain circumstances. This amendment provides that, if 2 or more defendants are 
found to be liable for a plaintiffs injury, then the defendants are jointly and severally 
liable for the plaintiffs pecuniary damages, but each defendant is only severally liable for 
nonpecuniary damages proportionate to the percentage of fault attributable to that 
defendant. If the defendants acted in concert, they are jointly and severally liable for the 
nonpecuniary damages as well. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/21115 
frac:.-
LD434 
LR 1333(02) 
An Act To Promote Equity in the Joint and Several Liability Law in Maine 
Fiscal Note for Bill as Amended by Committee Amendment ''pt.' (S-I '2S ') 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Eliminates civil suits. 
A reduction in filing fees may also decrease General Fund revenue by minor amounts. 
LRI333(02) - Fiscal Note - Page I of I