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County Attorney Vitunac expressed his belief that the County <br />would be wise to oppose the proposed legislation. He has discussed <br />the matter with the County's insurance defense firm and risk <br />manager and they are also in agreement. He explained that the <br />current legislation includes a missing third party upon whom the <br />Court can impose a portion of the liability with a reduction in the <br />County's liability. The Academy of Trial Lawyers is attempting to <br />limit the liability to the actual parties, with 1000 of the <br />ultimate liability reverting to the County as the "deep pocket". <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board by a 4-0 vote <br />(Commissioner Tippin being absent) adopted <br />Resolution 95-49 to the Florida Legislature in <br />support of retaining Section 768.81, Florida <br />Statutes, regarding tort liability and comparative <br />fault in negligence cases. <br />RESOLUTION NO. 9s-49 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA <br />LEGISLATURE IN SUPPORT OF RETAINING SECTION 768.81, <br />FLORIDA STATUTES, REGARDING TORT LIABILITY AND <br />COMPARATIVE FAULT IN NEGLIGENCE CASES. <br />WHEREAS, the Academy of Florida Trial Lawyers has proposed legislation <br />which will significantly limit a county's ability to shift fault to unnamed <br />party defendants in negligence actions; and <br />WHEREAS, the proposed bill will apportion damages against each defendant <br />based on each defendant's percentage of fault, thus excluding any apportion- <br />ment of fault to non-party defendants; and <br />WHEREAS, the bill is retroactive to unsettled claims that occurred since <br />1986? and <br />WHEREAS, the Florida Association of Counties Trust has determined that <br />the fiscal impact of this legislation will be between $45 and $80 million in <br />increased judgments against local governments over the next five years, and <br />this estimate does not include the retroactive impacts of the bill nor does <br />it account for additional claims that may be filed; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida <br />MARCH 21, 1995 49 800X 9 4 ?A,UE <br />