Is a tortfeasor jointly and severally liable for noneconomic damages in a motor vehicle accident?

Prior to the enactment of section 1431.2, tortfeasors were jointly and severally liable for both economic and noneconomic damages. In 1986, the electorate adopted Proposition 51, which altered the long-standing doctrine of joint and several liability. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1192-1193.) Section 1431.2, which was enacted pursuant to Proposition 51, provides, in pertinent part: "(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount." ( 1431.2, subd. (a).) Because each defendant is now solely responsible for his or her share of the noneconomic damages, to allow an offset for the portion of a settlement which is designated for noneconomic damages would, in effect,

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