78B-5-819 - Separate special verdicts on total damages and proportion of fault.
78B-5-819. Separate special verdicts on total damages and proportion of fault.
(1) The trial court may, and when requested by any party shall, direct the jury, if any, tofind separate special verdicts determining the total amount of damages sustained and thepercentage or proportion of fault attributable to each person seeking recovery, to each defendant,to any person immune from suit, and to any other person identified under Subsection78B-5-821(4) for whom there is a factual and legal basis to allocate fault.
(2) (a) If the combined percentage or proportion of fault attributed to all persons immunefrom suit is less than 40%, the trial court shall reduce that percentage or proportion of fault tozero and reallocate that percentage or proportion of fault to the other parties and those identifiedunder Subsection 78B-5-821(4) for whom there is a factual and legal basis to allocate fault inproportion to the percentage or proportion of fault initially attributed to each by the fact finder. After this reallocation, cumulative fault shall equal 100% with the persons immune from suitbeing allocated no fault.
(b) If the combined percentage or proportion of fault attributed to all persons immunefrom suit is 40% or more, that percentage or proportion of fault attributed to persons immunefrom suit may not be reduced under Subsection (2)(a).
(c) (i) The jury may not be advised of the effect of any reallocation under Subsection (2).
(ii) The jury may be advised that fault attributed to persons immune from suit mayreduce the award of the person seeking recovery.
(3) A person immune from suit may not be held liable, based on the allocation of fault, inthis or any other action.
Renumbered and Amended by Chapter 3, 2008 General Session