B.B. v. County of Los AngelesAnnotate this Case
The Supreme Court held that *Cal. Civ. Code 1431.2, subdivision (a) does not authorize a reduction in the liability of intentional tortfeasors for noneconomic damages based on the extent to which the negligence of other actors contributed to the injuries in question.
While attempting to subdue Barley, law enforcement officers, including Defendant, used their knees to pin Barley to the ground. Burley eventually lost consciousness and died ten days later. The jury found Defendant had committed battery by using unreasonable force against Burley and that twenty percent of the responsibility for Burley's death was attributable to Defendant's actions. The court entered a judgment against Defendant for the entire amount of the jury's award of noneconomic damages. The Court of Appeal reduced the judgment in accordance with the jury's allocation of responsibility to Defendant, expressly disagreeing with the holding in Thomas v. Duggins Construction Co., 139 Cal.App.4th 1005 (2006), that an intentional tortfeasor is not entitled to a reduction or apportionment of noneconomic damages under section 1431.2, subdivision (a). The Supreme Court reversed, holding that because section 1431.2, subdivision (a) incorporates principles of comparative fault, the statute does not entitle Defendant to reduce his liability based on the acts of Burley or the other defendants.