Section 09.17.080. Apportionment of damages.

   (a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating
        (1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
        (2) the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages unless the person was identified as a potentially responsible person, the person is not a person protected from a civil action under AS 09.10.055, and the parties had a sufficient opportunity to join that person in the action but chose not to; in this paragraph, "sufficient opportunity to join" means the person is
             (A) within the jurisdiction of the court;
             (B) not precluded from being joined by law or court rule; and
             (C) reasonably locatable.
   (b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed.
   (c) The court shall determine the award of damages to each claimant in accordance with the findings and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault as determined under (a) of this section. Except as provided under AS 23.30.015(g), an assessment of a percentage of fault against a person who is not a party may only be used as a measure for accurately determining the percentages of fault of a named party. Assessment of a percentage of fault against a person who is not a party does not subject that person to civil liability in that action and may not be used as evidence of civil liability in another action.
   (d) The court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault.

Authorities

5.45.020; 9.16.000;23.30.015;44.23.020

Notes

References

AS 5.45.020 .020">Sec. 05.45.020. Effect of violations.
AS 9.16.000 ">

Chapter 09.16 CONTRIBUTION AMONG JOINT TORTFEASORS

AS 23.30.015 Compensation where third persons are liable.
AS 44.23.020 Duties; and powers; waiver of immunity.

History

(Sec. 1 ch 139 SLA 1986; am Sec. 15, 16 ch 14 SLA 1987; am 1987 Initiative Proposal No. 2, Sec. 1; am Sec. 11 - 13 ch 26 SLA 1997)