Elections | Initiatives - 18 Damages in civil actions


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).