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House approves bill to limit employer fault attribution after Sullivan decision
Summary
The Utah House passed House Bill 309, a measure aimed at reversing parts of the Utah Supreme Court's Sullivan decision and restoring elements of the 1986 Liability Reform Act governing allocation of fault in cases involving immune employers; the bill passed 50–23 after extended floor debate.
The Utah House on Feb. 24 passed House Bill 309, a measure sponsors said is intended to restore legislative intent from the Liability Reform Act of 1986 after the Utah Supreme Court's Sullivan decision altered how juries may consider fault by immune employers.
Representative Bishop, sponsor of the bill, told colleagues the measure was needed to protect the workers' compensation system and businesses from what he called "serious consequences" following the court ruling. Quoting Justice Stewart's dissent in Sullivan, Bishop said, "The language of the liability reform act is crystal clear," and argued the Legislature should readdress the issue, not courts.
Opponents warned the bill could produce unfair jury outcomes. Representative Valentine described workers' compensation as a "no fault system" and said Sullivan's ruling forced employers "to come in to each and every lawsuit" and exposed them to greater litigation risk. Other members pressed for alternative fixes; Representative McSteven said rival proposals—Senator Beatty's bill, he said—would preserve allocation among all potential parties, including immune employers.
Debate centered on whether the Legislature should re‑establish the 1986 compromise that limited attribution of fault for immune parties. Supporters argued that, without statutory change, employers and the state workers' compensation fund could face higher costs; opponents said the bill could subject third‑party businesses to disproportionate liability and lead to inconsistent jury allocations.
After extended debate and a motion to add intent language directing retroactive application to cases arising after the 1986 act's effective date, the House approved HB 309 by voice and recorded vote, 50 yes to 23 no. The House journal will include the sponsor's intent language and the measure will be transmitted to the Senate for consideration.
Next steps: HB 309 will move to the Senate for review. Given the floor debate, proponents and opponents said further negotiation or amendment may follow in the Senate or conference committee.
