BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART IV

BOSTICK v

BOSTICK v. FLEX EQUIPMENT COMPANY, INC.,

Filed 1/29/07

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

HAROLD L. BOSTICK,

Plaintiff and Appellant,

FLEX EQUIPMENT COMPANY, INC.,

Defendant and Appellant.

B171567

(Los Angeles County

Super. Ct. No. SC066205)

GOLD'S GYM, INC.,

Cross-complainant and Respondent,

FLEX EQUIPMENT COMPANY, INC.,

Cross-defendant and Appellant.

B173455

(Los Angeles County

Super. Ct. No. SC066205)

STORY CONTINUED FROM PART IIIâ€¦â€¦â€¦

b. Effect of Proposition 51

Proposition 51 makes each defendant's liability for noneconomic damages several and in proportion to the defendant's fault, rather than joint and several. (Civ. Code, § 1431.2, subd. (a).) The express purpose of Proposition 51 is to limit each defendant's liability to a proportion of the plaintiff's damages that more closely approximates the defendant's degree of fault. (Civ. Code, § 1431.1, subd. (c) [â€