CSAC has filed an amicus brief in the California Supreme Court on the issue of whether a defendant (in this case, a public agency) who commits an intentional tort can be required to pay 100% of a plaintiff’s damages when the defendant is only responsible for a small percentage of the damages caused.  The brief, which was prepared by Derek Cole at Cole Huber, argues that Prop. 51’s comparative fault requirements prevents such liability.  Thus, where the county was only 20% responsible for plaintiff’s damages, it could not be required to pay 100% of the damages award.