INITIATIVE MEASURE NO. 18
SPONSOR: John R. McCarty, P.O. Box 13987, Jackson, MS 39236; 601-352-7867
SUBJECT MATTER: Damages in civil actions.
PROPOSED BALLOT TITLE: Should the Constitution prohibit a person from
seeking full compensation from each person partially responsible for his
damages?
PROPOSED BALLOT SUMMARY: This initiative would amend the Mississippi
Constitution to abolish joint and several liability among co-defendants in civil
actions; and, would prohibit a plaintiff from seeking full compensation from a
tortfeasor who was partially at fault in causing the plaintiff's injury, death
or damages. Damages would be allocated among joint tortfeasors in proportion to
each tortfeasor's percentage of fault, as determined by the trier of fact, in
causing the plaintiff's injury, death or damages.
ORIGINAL FILING: November 18, 1998
STATUS: Expired
Initiative Information
The official ballot title and ballot summary for an initiative measure are
prepared by the Mississippi Attorney General's Office. Initiative petitions are
valid for one year. According to Mississippi law, for an initiative petition to
be sufficient a minimum of 91,673 certified signatures must be gathered; with at
least 18,355 certified signatures from each of the five congressional districts.
The number of signatures required represents 12% of the total number of votes
cast for Governor in the last gubernatorial general election. All signatures on
the petition must be certified by county Circuit Clerks as those of registered
Mississippi voters.
For more information on the initiative process in Mississippi, consult the
Mississippi Constitution of 1890, Section 273; and Miss. Code Ann., Sections
23-17-1 through 23-17-61 (1972).