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Utah Senate narrowly passes liability reform bill after hours-long debate
Summary
The Utah State Senate voted 15-14 on Feb. 25, 1994, to approve Senate Bill 2 18, a Liability Reform Act amendment intended to respond to the Utah Supreme Court—s Sullivan decision. Supporters said the bill restores the 1986 policy balance; opponents said the change risks workers' compensation protections.
The Utah State Senate passed Senate Bill 2 18, titled the Liability Reform Act Amendments, in a 15-14 roll-call vote on Feb. 25, 1994, sending the measure to the House for further action. The floor debate ran for more than an hour and repeatedly referenced the 1986 tort reform legislation and the state Supreme Court—s Sullivan decision.
Senator Barlow, sponsor of the bill, urged colleagues to restore the legislature—s original allocation of fault after the Sullivan ruling. Barlow framed the proposal as a corrective step, saying the change would "bring the law back to where we thought it was, where the legislature, I think, correctly thought it was in 1986." He argued the 1986 reforms helped make Utah attractive to industry and warned against "rocking the boat" by allowing the Sullivan decision to stand as case law in place of statutory language.
Opponents, led in floor remarks by Senator Beatty, said his competing approach was limited to apportioning fault without exposing employers to civil liability. Beatty said his bill simply "provides for a portion of fault" and "apportionment of fault does not of itself subject an employer to civil liability," citing language from the state Supreme Court majority. He told senators the change would clarify who is at fault while protecting the workers' compensation fund.
Other senators offered different frames: proponents of Barlow's measure cited the need to return to statutory clarity and prevent large third-party liabilities from falling onto employers or the fund, while backers of Beatty—s approach argued apportionment better reflects fault and can preserve incentives for safety and third-party remedies. Several senators referenced specific cases, including a trial court remand involving an Albertsons warehouse accident (Jody Dahl), to illustrate how courts have allocated fault since Sullivan.
The Senate adopted the rules committee report and moved to final passage. On the recorded vote the chair announced the tally as 15 ayes and 14 nays. The bill will be transmitted to the Utah House for its consideration.
The near-party-line outcome leaves open whether the House will uphold the Senate—s version, and legislators on both sides said they expected additional debate in the coming days.
