HomeMy WebLinkAbout1986-199
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RESOLUTION NO. 86-199
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ENDORSING PROPOSITION 51, THE "DEEP POCKET
INITIATIVE", ON THE BALLOT FOR THE PRIMARY ELECTION OF JUNE 3,
1986, AND URGING THE ELECTORATE TO VOTE FOR ITS ENACTMENT.
WHEREAS, municipalities throughout the State of California
have in recent years become increasingly "deep pocket" victims of
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huge liability awards; and
WHEREAS, these awards often bear little relation to the
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degree of actual fault attributable to the cities; and
WHEREAS, many municipalities, including the City of San
Bernardino, have been unable to obtain liability insurance to
cover liability occurrences; and
WHEREAS, the cost of liability awards and the cost of
liability insurance have created a crisis which often results in
higher local taxes and a reduction in.basic municipal services;
and
WHEREAS, Proposition 51, the "deep pocket" initiative, on
the statewide primary election of June 3, 1986, would modify
California's "joint and several liability" provisions; and
WHEREAS, under the doctrine of joint and several liability
established by the courts, defendants who are found to be only 1%
at fault in a liability lawsuit can be made liable for 100% of
the damages awarded if other defendants are unable to pay for the r
share of the liability award; and
WHEREAS, under Proposition 51, the liability of each
responsible party in a lawsuit would be limited to that portion
of "non-economic" damages, such as pain and suffering, that is
equal to the responsible party's share of fault; and
1 WHEREAS, defendants found at all responsible would continue
2 to be liable for the full cost of "economic damages" suffered by
3 the plaintiff, such as wages, hospital, medical, property, "out-
4 of-pocket" costs and loss of business and employment
5 opportunities, and anyone such responsible party would pay
6 economic damages if the other responsible parties are unable to
7 pay their shares of fault.
8 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
9 COUNCIL OF THE CITY OF SAN BERNARDINO, that said City by and
10 through its elected governing representatives endorses
11 Proposition 51, the "deep pocket" liability reform initiative on
12 the ballot for the statewide primary election to be held on June
13 3, 1986, and urges the electorate to vote for its enactment.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
r~gl1' ;:n-
meeting thereof,
17 he 1d on the
day of
2nd
June
, 1986, by the
18 following vote, to wit:
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AYES:
Council Members Estrada, Reilly, Marks,
Quiel, Strickler
NAYS:
ABSENT:
None
Council Members Hernandez, Frazier
C1~1f~f'~Ab
The foregoing resolution is hereby approved this f!&~
26 day of
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June
" J ;;;:.~
Mo or 0 ."'t,ty of Soo rn r ino
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Approved as to form:
;' -9'7)~~-
City IIttorney
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