| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 14 MRSA §156, as amended by PL 1999, c. 63, §1 and affected | by §3, is repealed. |
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| | Sec. 2. 14 MRSA §156-A is enacted to read: |
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| §156-A. Comparative negligence |
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| | When a person suffers death or damage as a result partly of | that person's own fault and partly of the fault of any other | person or persons, a claim in respect of that death or damage may | not be defeated by reason of the fault of the person suffering | the damage, but the damages recoverable in respect thereof must | be reduced to such extent as the jury thinks just and equitable | having regard to the claimant's share in the responsibility for | the damage. |
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| | When damages are recoverable by a person by virtue of this | section, subject to such reduction as is mentioned, the court | shall instruct the jury to find and record the total damages that | would have been recoverable if the claimant had not been at | fault, and further instruct the jury to reduce the total damages | by dollars and cents, and not by percentage, to the extent | considered just and equitable, having regard to the claimant's | share in the responsibility for the damages, and instruct the | jury to return both amounts with the knowledge that the lesser | figure is the final verdict in the case. |
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| | As used in this section, "fault" means negligence, breach of | statutory duty or other act or omission that gives rise to a | liability in tort or would, apart from this section, give rise to | the defense of contributory negligence. |
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| | If a claimant is found by the jury to be equally at fault, the | claimant may not recover. |
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| | In a case involving multiparty defendants, the liability of | each defendant for damages is several only and not joint except | as otherwise provided in this section.__Each defendant is liable | only for the amount of damages allocated to that defendant in | direct proportion to that defendant's percentage of fault.__A | party is responsible for the fault of another person, or for | payment of the proportionate share of another person, if: |
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| | 1.__Actions in concert.__Both the party and the other person | were acting in concert; or |
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| | 2.__Agent or servant.__The other person was acting as an agent | or servant of the party. |
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