Koepnick

In 1986, the electorate enacted Proposition 51, modifying the doctrine of joint and several liability in tort cases. (DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593, 596 [ 7 Cal.Rptr.2d 238 , 828 P.2d 140 ].) Civil Code section 1431.2, the key provision in Proposition 51, provides in relevant part: “(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.”

Plaintiff/respondent Dennis Koepnick (Koepnick) was injured in an elevator accident in a building owned by defendant/appellant Kashiwa Fudosan America, Inc. (Kashiwa). In its special verdict, the jury found that the elevator company, which was responsible for the elevator’s maintenance and repair, and Kashiwa were both negligent and apportioned their responsibility for causing Koepnick’s harm. The trial court ruled…