2014 -- H 7774

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LC004937

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - CONTRIBUTIONS AMONG JOINT TORTFEASORS

     Introduced By: Representatives Morgan, Marcello, Giarrusso, Chippendale, and

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 10-6 of the General Laws entitled "Contribution Among Joint

Tortfeasors" is hereby amended by adding thereto the following section:

     10-6-12. Judgment-proof tortfeasors. – (a) Whenever two (2) or more tortfeasors are

adjudged liable and any tortfeasor is found to be unable to satisfy that tortfeasor's share of the

judgment, that tortfeasor's share shall be borne by all parties to the action in accordance with their

pro rata share of culpability as determined by the finder of fact.

     (b) Notwithstanding the language of subsection (a) of this section, a plaintiff shall have a

right to execute the judgment against the judgment-proof tortfeasors as provided in title 9, chapter

25 to the extent such execution is consistent with the terms herein.

     (c) Any joint tortfeasor's right to contribution is preserved.

     SECTION 2. This act shall take effect upon passage.

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LC004937

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - CONTRIBUTIONS AMONG JOINT TORTFEASORS

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     This act would require that a tortfeasor's share of a judgment be bourne by all parties to

the action in accordance with their pro rata share of culpability whenever a tortfeasor is found to

be unable to satisfy their share.

     This act would take effect upon passage.

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LC004937

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