The New Hampshire Supreme Court has upheld a state law limiting the payment of damages to the percentage of fault in cases where a defendant has been found less than 50 percent liable for the injuries.
A report from the American Insurance Association on the Web site of the Professional Insurance Agents of New Hampshire describes the ruling as involving claims for injuries by the passengers against the driver who caused the accident. He was drunk at the time, and the passengers also sued the tavern who sold the drinks.
Despite a settlement finding that the driver was more than 50 percent responsible for the crash, and the tavern bore only a 25 percent responsibility, the claimants sought to recover the entire damage award from the tavern and its insurer. The court's ruling upheld the "several liability" of the tavern, but denied joint liability, limiting the recovery to 25 percent.
