Joint and Several Liability Reform: SB 421 (2005).

West Virginia

Eliminates joint and several liability for defendants 30 percent or less at fault.  In such situations, defendants pay only percentage of fault as determined by the jury.  Provides that if a claimant has not been paid after six months of the judgment, defendants 10 percent or more responsible are subject to reallocation of uncollected amount.  Defendants less than 10 percent at fault or whose fault is equal to or less than the claimant’s percentage of fault are not subject to reallocation.

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