Senator Goldfinch proposes the following amendment (SR-244.CEM0035S):

Amend the bill, as and if amended, SECTION 1.A., by striking Section 15-38-15(A)(1), (2), (3), (4), and (5) and inserting:

  (1) The jury shall determine the percentage of fault of the claimantplaintiff, of the defendant, and of any nonparty whose act or omission arose out of the same occurrence that is the subject of the underlying complaint and was a proximate cause of the claimant's alleged damages. In assessing the percentage of fault, the jury or the court shall consider the fault of all persons or entities whose alleged act or omission was a proximate cause of the alleged damage, regardless of whether the person or endity was named as a party, subject to the limitations contained in subsection (A)(1)(c) and (d).The percentage of fault of the parties to the action may total less than one hundred percent if the jury finds that fault contributing to the plaintiff's damages also came from a non-party, provided that the total percentage of fault assigned to parties and non-parties equals one hundred percent. The jury may not be informed of any immunity defense that is available to the nonparty. In assessing percentage of fault, the jury or the court shall consider the fault of all persons or entities whose alleged act or omission was a proximate cause of the alleged damage, regardless of whether the person or entity was or could have been named as a party. The percentage of fault of the parties to the action may total less than one hundred percent if the jury finds that fault contributing to the claimant's loss has also come from a nonparty or nonparties.
   (a) Prior to a jury or court allocating any or all fault to a non-party, the defendant must affirmatively identify the non-party and plead the facts and cause of action allegedly giving rise to the fault of a non-party in its answer, subject to amendment once as a matter of right in accordance with the South Carolina Rules of Civil Procedure.
    (i) Notice of a pleading filed in accordance with (a) shall be served on all parties and the non-party in the manner provided for in the South Carolina Rules of Civil Procedure.
    (ii) Any interested party may, at any time after receiving notice of the addition of a non-party, make any motion that would available to a party, including, but not limited to, Rules 12, 50, or 56 of the South Carolina Rules of Civil Procedure, to dismiss or otherwise remove the non-party from the verdict form. The court will apply the same standard to the dismissal or removal of a non-party as it would to a party.
    (ii) Notwithstanding any applicable statute or limitation or repose, the plaintiff may, within sixty days of the proof of service required pursuant to subitem (i), assert any claim against the non-party arising out of the occurrence that is the subject matter of the original complaint.
   (b) In order for a jury or court to allocate any or all fault to a non-party for the purpose of apportioning damages, a defendant must prove at trial by a preponderance of the evidence the fault of the non-party in causing the plaintiff's damages. If the court determines that the defendant has failed to meet the burden of proof for the fault of the non-party in causing the plaintiff's damages, the non-party shall not be allocated any fault for the purpose of apportioning damages.
   (c) There shall be no allocation of fault to a non-party who is:
    (i) immune from liability for the plaintiff's alleged damages;
    (ii) not subject to the court's jurisdiction;
    (iii) not subject to liability for the plaintiff's alleged damages because the claim is barred by a statute of limitations or statute of repose;
    (iv) charged with or convicted of any crime in relation to the occurrence that is the subject of the underlying complaint;
    (v) directly or indirectly owned, managed, or controlled by a defendant, including any non-party with which there is commonality in the executives, managers, or officer of a defendant and a non-party; or
    (vi) who the defendant's liability is imputed or based upon the fault of the non-party.
   (d) There shall be no allocation of fault to a non-party when the defendant's liability is based on:
    (i) wilful, wanton, reckless, grossly negligent, intentional, or criminally chargeable conduct;
    (ii) negiligence and the non-party's liability is based on any basis other that negligence, including, but not limited, to intentional, wanton, or reckless misconduct, strict liability or liability pursuant to any cause action created by statute;
    (iii) strict liability;
    (iv) a toxic or environmental tort; or
    (v) any cause of action created by statute.
   (e) Prior to including a non-party who is engaged in a profession designated by Section 15-36-100(G), the party seeking to designate such a non-party must comply with the provisions and procedures in Section 15-36-100 if the fault sought to be attributed to such party arises from alleged professional negligence.
  (2) If the percentage of fault of the claimant plaintiff is greater than fifty percent of the total fault involved in the act or omission that caused the claimant's plaintiff's damage, then the jury shall return a verdict for the defendant and no further jury deliberation is required.
  (3) If the percentage of fault of the claimant plaintiff is not greater than fifty percent of the total fault involved in the act or omission that caused the claimant's plaintiff's damage, then the jury shall determine the total amount of damages the claimant plaintiff would be entitled to recover if comparative fault were disregarded. If the percentage of fault of any one defendant is greater than fifty percent of the total fault involved in the act or omission that caused the plaintiff's damage, then that defendant is jointly and severally liable for the total mount of the plaintiff's damages.
  (4) Upon Except for defendants greater than fifty percent of the total fault, upon the completion of subitem (3), the court shall enter judgment for the claimant plaintiff against each defendant in an amount equal to the total amount of damages awarded in subitem (3) multiplied by the percentage of fault assigned to each respective defendant in subitem (1).
  (5) The court may determine that two or more persons are to be treated as a single party. Such treatment must be used where two or more persons acted in concert or where, by reason of agency, employment, or other legal relationship, a party is vicariously responsible for another partyA defendant shall not be entitled to a setoff from any settlement received from any potential tortfeasor prior to the verdict.

Amend the bill further, by deleting SECTIONS 1.B, 1.C, and 1.D.

Renumber sections to conform.

Amend title to conform.