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2012 -- H 8258 | |
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LC02758 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY | |
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Introduced By: Representative Michael J. Marcello | |
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Date Introduced: June 11, 2012 | |
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Referred To: House Finance | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments, |
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Orders, and Decrees" is hereby amended to read as follows: |
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9-21-10. Interest in civil actions. -- (a) In any civil action in which a verdict is rendered |
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or a decision made for pecuniary damages, there shall be added by the clerk of the court to the |
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amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date |
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the cause of action accrued, which shall be included in the judgment entered therein. Post- |
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judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on |
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both the principal amount of the judgment and the prejudgment interest entered therein. This |
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section shall not apply until entry of judgment or to any contractual obligation where interest is |
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already provided. |
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(b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for |
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personal injury or wrongful death filed against a licensed physician, hospital, clinic, health |
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maintenance organization, professional service corporation providing health care services, dentist, |
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or dental hygienist based on professional negligence. In all such medical malpractice actions in |
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which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the |
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clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum |
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thereon from the date of written notice of the claim by the claimant or his or her representative to |
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the malpractice liability insurer, or to the medical or dental health care provider or the filing of |
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the civil action, whichever first occurs. |
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(c) In any civil action in which a verdict is rendered or a decision made for pecuniary |
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damages, in whole or in part, against the state, its political subdivisions, and/or employees of said |
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entities while performing any act or omission under the scope of such employment, there shall be |
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no award of pre-judgment interest. Post-judgment interest, however, shall be calculated at the rate |
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of twelve percent (12%) per annum, commencing four (4) weeks after the date the judgment was |
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entered, and accrue on the principal amount of the judgment. This section shall not apply to any |
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contractual obligation of such public entity where interest is already provided. |
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SECTION 2. Chapter 9-31 of the General Laws entitled "Governmental Tort Liability" is |
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hereby amended by adding thereto the following section: |
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9-31-3.1. Tort liability restrictions - Town, city or fire districts. – A city, town, or fire |
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district employee or official may only be sued in his or her individual capacity, if it can be |
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established that his or her act or omission, upon which the cause of action was based, was not |
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performed within the scope of his or her employment or involved actual fraud or malice or willful |
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misconduct. |
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SECTION 3. Sections 9-31-2, 9-31-3 and 9-31-5 of the General Laws in Chapter 9-31 |
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entitled "Governmental Tort Liability" are hereby amended to read as follows: |
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9-31-2. Limitations of damages -- State. -- In any tort action against the state of Rhode |
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Island or any political subdivision thereof, any damages recovered therein shall not exceed the |
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sum of |
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provided, however, that in all instances in which the state was engaged in a proprietary for-profit |
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function in the commission of the tort, or in any situation whereby the state has agreed to |
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indemnify the federal government or any agency thereof for any tort liability, the limitation on |
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damages set forth in this section shall not apply. |
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9-31-3. Limitation of damages -- Cities, towns, and fire districts. -- In any tort action |
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against any city or town or any fire district, any damages recovered therein shall not exceed the |
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sum of |
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provided, however, that in all instances in which the city or town or fire district was engaged in a |
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proprietary for-profit function in the commission of the tort, the limitation of damages set forth in |
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this section shall not apply. |
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9-31-5. Claim appropriations. -- Notwithstanding the provisions of this chapter, the |
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general assembly may make such appropriations as it shall deem proper in payment of or |
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settlement of claims against the state, its employees, agents or departments; provided, however, |
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that there is hereby appropriated out of any money in the treasury not otherwise appropriated a |
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sum sufficient to pay claims against the state |
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and the state controller is hereby authorized and directed to draw his or her orders upon the |
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general treasurer for the payment of that sum. |
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SECTION 4. Section 10-6-2 of the General Laws in Chapter 10-6 entitled "Contribution |
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Among Joint Tortfeasors" is hereby amended to read as follows: |
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10-6-2. "Joint tortfeasors" defined. -- For the purposes of this chapter, the term "joint |
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tortfeasors" means two (2) or more persons jointly or severally liable in tort for the same injury to |
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person or property, whether or not judgment has been recovered against all or some of them; |
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provided, however, that a master and servant or principal and agent shall be considered a single |
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tortfeasor; and provided, further, that joint and several liability shall not apply to the state of |
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Rhode Island, its political subdivisions and/or any employees or officials of said entities while |
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performing any act or omission under the scope of such employment unless the proportionate |
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liability of such public entity or employee is equal to or exceeds twenty-five percent (25%) of the |
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total judgment. If the percentage of liability attributable to the public entity or its employee is less |
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than twenty-five percent (25%), then the governmental entity is only responsible for its |
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proportionate share of the judgment. |
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SECTION 5. This act shall take effect upon passage. |
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LC02758 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY | |
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This act would increase the limit of damages recovered in tort actions against the state of |
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Rhode Island or any political subdivision from one hundred thousand dollars ($100,000) to two |
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hundred fifty thousand dollars ($250,000). |
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This act would take effect upon passage. |
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LC02758 | |
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