Senate Amendment 1
S 533 - Session 125 (2023-2024)
SC Justice Act

Senator Harpootlian proposes the following amendment (SMIN-533.MW0011S):

Amend the bill, as and if amended, SECTION 1, by striking Section 15-38-15(C)(3) and inserting:

  (3) upon a motion by at least one a defendant, where there is a verdict under items (1) and (2) above for damages against two one or more defendants for the same indivisible injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that allocated to each person or entity whose fault proximately caused the indivisible injury, death, damage to property, or economic loss from tortious conduct, as determined by item (1) above, that is attributable to each defendant such person or entity, including defendants and nonparties whose actions are a proximate cause of the indivisible injury, death, or damage to property. In determining the percentage attributable to each defendant person or entity, any fault of the plaintiff, as determined by item (2) above, will be included so that the total of the percentages of fault attributed to the plaintiff, and to the defendants, and any nonparty persons or entities must be one hundred percent. Before a nonparty is included on a special verdict form, there must be a showing that the requisite elements of a cause of action against the nonparty have been presented at trial. Additionally, there must a finding that the nonparty qualifies as a joint tortfeasor under South Carolina law. In calculating the percentage of fault attributable to each defendant, inclusion of any percentage of fault of the plaintiff (as determined in item (2) above) shall not reduce the amount of plaintiff's recoverable damages (as determined under item (2) above).
   (a) For this purpose, the court may determine that two or more persons or entities are to be treated as a single party. Such treatment must be used where two or more defendants, persons, or entities acted in concert or where, by reason of agency, employment, or other legal relationship, a defendant, person, or entity is vicariously responsible for the conduct of another defendant, person, or entity.
   (b) After the initial verdict awarding damages is entered and before the special verdict on percentages of liability is rendered, the parties shall be allowed oral argument, with the length of such argument subject to the discretion of the trial judge, on the determination of the percentage attributable to each defendant, person, or entity. However, no additional evidence shall be allowed.
   (c)(i) Allocation of fault to a nonparty shall be considered under item (3) if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives written notice no later than one hundred twenty days prior to the date of the trial that a nonparty was wholly or partially at fault for the plaintiff's injury.
    (ii) The written notice shall be made by filing the action, setting forth the nonparty or parties' names and last known address or addresses, or the best identification of a nonparty that is possible under the circumstances, together with a brief statement of the filer's good faith belief that the nonparty or parties were at fault.
    (iii) Allocations of the percentage of fault of nonparties shall only be used in the determination of the percentages of fault of named parties.
    (iv) If fault is allocated to nonparties by the fact finder, then those findings of fault shall not subject a nonparty to liability in the instant action, and such findings may not be introduced as evidence of liability in any action.