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Some jurisdictions who adopt comparative fault hold that the doctrine renders the doctrine of joint and several liability obsolete. The adoption of comparative fault is due largely to considerations of fairness: the contributory negligence doctrine unjustly allowed the entire loss to be borne by a negligent plaintiff, notwithstanding that the plaintiff's fault was minor in comparison to defendant's. Having thus adopted a rule more closely linking liability and fault, it would be inconsistent to simultaneously retain a rule, joint and several liability, which may fortuitously impose a degree of liability that is out of all proportion to fault. Numerous other comparative fault jurisdictions have eliminated joint and several liability. See, e.g., Alaska Stat. § 09.17.080(d) (Supp. 1991); Colo. Rev. Stat. § 13-21-111.5(1) (1987); Kan. Stat. Ann. § 60-258a(d) (Supp. 1991); N.M. Stat. Ann. § 41-3A-1 (1989); N.D. Cent. Code § 32-03.2-02 (Supp. 1991); Utah Code Ann. § 78-27-38, -40 (1992); Wyo. Stat. Ann. § 1-1-109(d) (1988). 


Still other such as California hold as follows: American Motorcycle Association v. Superior Court, 20 Cal. 3d 578, 578 P.2d 899, 146 Cal. Rptr. 182 (1978): The adoption of comparative negligence to ameliorate the inequitable consequences of the ...

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