2012 -- S 2142

=======

LC00495

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT

LIABILITY

     Introduced By: Senator William A. Walaska

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments,

1-2

Orders, and Decrees" is hereby amended to read as follows:

1-3

     9-21-10. Interest in civil actions. -- (a) In any civil action in which a verdict is rendered

1-4

or a decision made for pecuniary damages, there shall be added by the clerk of the court to the

1-5

amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date

1-6

the cause of action accrued, which shall be included in the judgment entered therein. Post-

1-7

judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on

1-8

both the principal amount of the judgment and the prejudgment interest entered therein. This

1-9

section shall not apply until entry of judgment or to any contractual obligation where interest is

1-10

already provided.

1-11

      (b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for

1-12

personal injury or wrongful death filed against a licensed physician, hospital, clinic, health

1-13

maintenance organization, professional service corporation providing health care services, dentist,

1-14

or dental hygienist based on professional negligence. In all such medical malpractice actions in

1-15

which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the

1-16

clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum

1-17

thereon from the date of written notice of the claim by the claimant or his or her representative to

1-18

the malpractice liability insurer, or to the medical or dental health care provider or the filing of

1-19

the civil action, whichever first occurs.

2-1

     (c) In any civil action in which a verdict is rendered or a decision made for pecuniary

2-2

damages, in whole or in part, against the state, its political subdivisions, and/or employees of said

2-3

entitles while performing any act or omission under the scope of such employment, there shall be

2-4

no award of pre-judgment interest. Post judgment interest, however, shall be calculated at the rate

2-5

of twelve percent (12%) commencing four (4) weeks after the date the judgment was entered, per

2-6

annum and accrue on the principal amount of judgment. This section shall not apply to any

2-7

contractual obligation of such public entity where interest is already provided.

2-8

     SECTION 2. Chapter 9-31 of the General Laws entitled "Governmental Tort Liability" is

2-9

hereby amended by adding thereto the following section:

2-10

     9-31-3.1. Tort liability restrictions - Town, city or fire districts. – A city, town, or fire

2-11

district employee or official may be sued in his or her individual capacity, if it can be established

2-12

that his or her act or omission, upon which the cause of action was based, was not performed

2-13

within the scope of his or her employment or involved actual fraud or malice or willful

2-14

misconduct.

2-15

     SECTION 3. Section 10-6-2 of the General Laws in Chapter 10-6 entitled "Contribution

2-16

Among Joint Tortfeasors" is hereby amended to read as follows:

2-17

     10-6-2. "Joint tortfeasors" defined. -- For the purposes of this chapter, the term "joint

2-18

tortfeasors" means two (2) or more persons jointly or severally liable in tort for the same injury to

2-19

person or property, whether or not judgment has been recovered against all or some of them;

2-20

provided, however, that a master and servant or principal and agent shall be considered a single

2-21

tortfeasor.; and provided, further, that joint and several liability shall not apply to the State of

2-22

Rhode Island, its political subdivisions and/or any employees or officials of said entities while

2-23

performing any act or omission under the scope of such employment unless the proportionate

2-24

liability of such public entity or employee is equal to or exceeds twenty-five percent (25%) of the

2-25

total judgment. If the percentage of liability attributable to the public entity or its employee is less

2-26

than twenty-five percent (25%), then the governmental entity is only responsible for its

2-27

proportionate share of the judgment.

2-28

     SECTION 4. This act shall take effect upon passage.

=======

LC00495

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT

LIABILITY

***

3-1

     This act would place certain limits on the joint and several liability of the State of Rhode

3-2

Island and its officials, employees, and political subdivisions. It would also prohibit lawsuits

3-3

against city, town, or fire district officials or employees in certain situations, and would further

3-4

prohibit the award of pre-judgment interest on certain awards for damages against the state or

3-5

employees thereof.

3-6

     This act would take effect upon passage.

=======

LC00495

=======