WV: Conflicting Bills on Several Liability

In West Virginia, the Senate and House have passed different reforms regarding liability by multiple tortfeasors.  Currently in West Virginia , if a defendant adjudged at fault can’t pay its share of damages and another party was adjudged more than 30% responsible, the second party may be required to pay all the remaining damages.  The Senate bill would still require other parties to pay for damages the insolvent entity can’t cover, but the amount of damages required to be covered would depend on the amount the solvent party was adjudged at fault.  The House bill moves to pure several liability in most cases.  It will be interesting to see what comes out of conference committee.  West Virginia Pubic Broadcasting has the story.