2012 -- H 7756

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LC01207

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

     Introduced By: Representatives Ehrhardt, Reilly, Chippendale, Morgan, and Costa

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 10 of the General Laws entitled "Courts and Civil Procedure-

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Procedure in Particular Actions" is hereby amended by adding thereto the following chapter:

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     CHAPTER 6.1

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THE RHODE ISLAND JOINT AND SEVERAL LIABILITY ABOLITION ACT

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     10-6.1-1. The Rhode Island joint and several liability abolition act. – This act shall be

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known and may be cited as the “Rhode Island joint and several liability abolition act”.

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     10-6.1-2. Definitions. – The following words, as used in this chapter, shall have the

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meaning set forth below, unless the context clearly requires otherwise:

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     (a) “Damages” means pain, suffering, inconvenience, physical impairment,

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disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of

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consortium, injury to reputation, humiliation, any other theory of damages such as fear of loss or

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illness or injury, loss of earnings and earning capacity, loss of income, medical expenses and

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medical care, rehabilitation services, custodial care, burial costs, loss of use of property, costs of

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repair or replacement of property, costs of obtaining substitute domestic services, loss of

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employment, loss of business or employment opportunities, and other objectively verifiable

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monetary losses. It does not include any punitive damages.

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     (b) “Fault” means an act or omission of a person that is a proximate cause of injury or

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death or another person or persons, damages to property, tangible or intangible, or economic

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injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability, or

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failure to warn. Fault shall not include any tort that results from an act or omission committed

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with a specific wrongful intent.

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     (c) “Person” means any individual, corporation, company, association, firm, partnership,

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society, joint stock company, or any other entity, including any governmental entity or

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unincorporated association of persons.

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     10-6.1-3. Several liability. – In any action for personal injury, property damage

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accompanying personal injury, or wrongful death, the liability of each defendant for damages

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shall be several only and shall not be joint. Each defendant shall be liable only for the amount of

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damages allocated to that defendant in direct proportion to that defendant’s percentage of fault,

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and a separate judgment shall be rendered against the defendant for that amount. To determine

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the amount of judgment to be entered against each defendant, the court, with regard to each

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defendant, shall multiply the total amount of damages recoverable by the plaintiff by the

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percentage of each defendant’s fault, and that amount shall be the maximum recoverable against

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said defendant.

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     10-6.1-4. Fault of parties. – (a) In assessing percentages of fault, the trier of fact shall

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consider the fault of all persons who contributed to the alleged injury or death, or damage to

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property, tangible or intangible, regardless of whether said person was, or could have been,

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named as a party to the suit. Negligence or fault of a nonparty may be considered if the plaintiff

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entered into a settlement agreement with the nonparty or if the defending party gives notice

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within one hundred twenty (120) days of the date of trial that a nonparty was wholly or partially

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at fault. The notice shall be given by filing a pleading in the action designating such nonparty

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and setting forth such nonparty’s name and last-known address, or the best identification of such

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nonparty that is possible under the circumstances, together with a brief statement of the basis for

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believing such nonparty to be at fault.

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     (b) Nothing in this chapter is meant to eliminate or diminish any defenses or immunities

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that currently exist, except as expressly noted herein. Assessments of percentages of fault for

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nonparties are used only as a vehicle for accurately determining the fault of named parties.

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Where fault is assessed against nonparties, findings of such fault shall not subject any nonparty to

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liability in this or any other action, or be introduced as evidence of liability in any action.

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     10-6.1-5. Concert of action. – Joint liability shall be imposed on all who consciously and

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deliberately pursue a common plan or design to commit a tortious act, or actively take part in it.

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Any person held jointly liable under this section shall have a right of contribution from his/her

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fellow defendants acting in concert. A defendant shall be held responsible only for the portion of

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fault assessed to those with whom he/she acted in concert under this section.

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     10-6.1-6. Burden of proof. – The burden of alleging and proving fault shall be upon the

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person who seeks to establish such fault.

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     10-6.1-7. Limitations. – Nothing in this chapter shall be construed to create a cause of

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action. Nothing in this chapter shall be construed, in any way, to alter the immunity of any

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person.

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     10-6.1-8. Severability. – If any provision of this chapter or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC01207

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

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     This act would abolish joint and several liability in Rhode Island.

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     This act would take effect upon passage.

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LC01207

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