Department of Transportation: civil liability.

Existing law establishes the Department of Transportation with various powers and duties and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law generally provides that an obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several. However, under existing law, the liability of each defendant for noneconomic damages is several only and not joint in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault. Existing law provides that each defendant in those actions shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and requires a separate judgment to be rendered against that defendant for that amount. This bill would provide that, in an action against the department for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of the department for economic damages shall be several only and shall not be joint. The bill would further provide that the department shall be liable in those actions only for the amount of economic damages allocated to it in direct proportion to its percentage of fault, and would require a separate judgment to be rendered against the department for that amount. The bill would also require the department to annually identify savings achieved through the implementation of the bill. The bill would require the department to propose, from the identified savings, an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.