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Apportionment bill would broaden defenses, sponsor says; opponents call it an 'empty‑chair' loophole that could shield bad actors
Summary
Representative Anthony Nicastro presented House Bill 303 to expand Montana’s apportionment statute and to clarify that a defendant may argue a nonparty was the sole cause of the plaintiff’s injury.
Representative Anthony Nicastro told the committee HB 303 would broaden Montana’s apportionment statute to apply uniformly to strict‑liability claims and would clarify that a defendant may assert that a nonparty was the sole cause of the plaintiff’s injury.
Why it matters: the sponsor said the change resolves inconsistent trial‑court treatment and protects defendants’ due‑process rights to have a jury hear all relevant evidence about causation and fault. Nicastro said the amendment would also avoid…
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