Damages in civil actions
All Initiatives   
Subject Matter:
Damages in civil actions  (See Comments)

Original Filing:

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.

Initiative Petition:

John R. McCarty
PO Box 13987
Jackson MS 39236-3987

Phone: (601) 352-7867


Town Meeting Location:

Initiative Information:
The official ballot title and ballot summary for an initiative measure are prepared by the Mississippi Attorney General’s Office. Initiative measures are valid for one year. During this one-year period, a petition may be circulated to place the measure on the next statewide general election ballot to allow the voters of Mississippi to determine whether the measure should become a part of the Mississippi Constitution. According to Mississippi law, for an initiative measure to be placed on the ballot, a minimum of 106,190 certified signatures must be gathered, with at least 21,238 certified signatures from each of the five congressional districts as they existed in the year 2000. This required number of signatures represents twelve percent (12%) of the total number of votes cast for Governor in the last gubernatorial general election. Signatures must be certified by county circuit clerks as belonging to registered voters in Mississippi. A completed petition should be filed with Secretary of State, together with a filing fee of $500.00. For more information on the initiative process in Mississippi, consult the Mississippi Constitution of 1890, Section 273, and Mississippi Code Annotated §§ 23-17-1 through 23-17-61 (1972).

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