Sec. 1. 14 MRSA §156, as amended by PL 1999, c. 63, §1 and affected by §3, is repealed.

Sec. 2. 14 MRSA §156-A is enacted to read:

§156-A. Comparative negligence

When a person suffers death or damage as a result partly of that person's own fault and partly of the fault of any other person or persons, a claim in respect of that death or damage may not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof must be reduced to such extent as the jury thinks just and equitable having regard to the claimant's share in the responsibility for the damage.

When damages are recoverable by a person by virtue of this section, subject to such reduction as is mentioned, the court shall instruct the jury to find and record the total damages that would have been recoverable if the claimant had not been at fault, and further instruct the jury to reduce the total damages by dollars and cents, and not by percentage, to the extent considered just and equitable, having regard to the claimant's share in the responsibility for the damages, and instruct the jury to return both amounts with the knowledge that the lesser figure is the final verdict in the case.

As used in this section, "fault" means negligence, breach of statutory duty or other act or omission that gives rise to a liability in tort or would, apart from this section, give rise to the defense of contributory negligence.

If a claimant is found by the jury to be equally at fault, the claimant may not recover.

In a case involving multiparty defendants, the liability of each defendant for damages is several only and not joint except as otherwise provided in this section.__Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.__A party is responsible for the fault of another person, or for payment of the proportionate share of another person, if:

1.__Actions in concert.__Both the party and the other person were acting in concert; or

2.__Agent or servant.__The other person was acting as an agent or servant of the party.