Guam § 35121 - Proportionate Liability.

§ 35121. Proportionate Liability.

(a) This Section applies to all causes of action of the type specified

herein filed on or after the effective date of the enactment of this section.

(b) This Section governs any claim for money damages brought against

any licensee or any CPA firm registered, licensed, or practicing in Guam; or

any employee or principal of such firm by any person or entity claiming to

have been injured by the defendant licensee or other person or entity.

(c) No judgment for money damages may be entered against any

licensee, firm, employee, or principal described in Subsection (b) in an

action covered by this Section except in accordance with the provisions of

this Subsection.

(1) If the party seeking a judgment for damages against the

licensee proves that the licensee acted with the deliberate intent to

deceive, manipulate or defraud for the licensee=s own direct pecuniary

benefit, the liability of the licensee shall be determined according to the

principles that generally apply to such an action.

(2) If the licensee is not proven to have acted with the deliberate

intent to deceive, manipulate or defraud for the accountant=s own direct

pecuniary benefit, the amount of the accountant=s liability in damages

shall be determined as follows:

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(A) The trier of fact shall determine the percentage of

responsibility of the plaintiff, of each of the defendants, and of

each of the other persons or entities alleged by the parties to have

caused or contributed to the harm alleged by the plaintiff. In

determining the percentages of responsibility, the trier of fact shall

consider both the nature of the conduct of each person and the

nature and extent of the causal relationship between that conduct

and the damage claimed by the plaintiff.

(B) The trier of fact shall next determine the total amount of

damage suffered by the plaintiff caused in whole or in part by the

plaintiff, the defendants, and other persons alleged to have caused

or contributed to the damage.

(C) The trier of fact shall then multiply the percentage of

responsibility of the licensee (determined under (A)) by the total

amount of damages (determined under (B)) and shall enter a

judgment or verdict against the licensee in an amount no greater

than the product of those two (2) factors.

(D) In no event shall the damages awarded against or paid by

a licensee exceed the amount determined under (C) or twenty (20)

times the total fee paid, or to be paid, to licensee by plaintiff,

whichever is less. The licensee shall not be jointly liable on any

judgment entered against any other party to the action.

(E) Except where a contractual relationship permits, no

defendant shall have a right to recover from a licensee any portion

of the percentage of damages assessed against such other

defendant.