Hutchins v. Juneau Tanker Corp

In Hutchins v. Juneau Tanker Corp. (1994) 28 Cal.App.4th 493, the court concluded the determination of liability among various tortfeasors in a personal injury action under federal maritime law is governed by federal law rather than Code of Civil Procedure section 877.6, because comparative fault principles are substantive in nature. Distinguishing American Dredging Co. v. Miller, supra, 510 U.S. 443, the Hutchins court explained: "The manner in which a nonsettling defendant's liability is reduced, whether by a proportionate share approach or by a pro tanto credit, has a direct impact upon the substantive right to recover. The trial court's application of section 877.6 is not merely a matter of procedure. Consistent application of rules pertaining to calculation of the remaining defendant's liability is required for uniformity and harmony in general maritime law." ( Hutchins v. Juneau Tanker Corp., supra, 28 Cal.App.4th at p. 500.)