2016 -- S 2364

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LC004492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS

     Introduced By: Senator Joshua Miller

     Date Introduced: February 10, 2016

     Referred To: Senate 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Tortfeasors" is hereby repealed in its entirety.

CHAPTER 10-6

Contribution Among Joint Tortfeasors

     10-6-1. Short title. -- This chapter may be cited as the "Uniform Contribution Among

Tortfeasors Act".

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

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

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

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

tortfeasor.

     10-6-3. Right of contribution declared. -- The right of contribution exists among joint

tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors,

the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata

shares.

     10-6-4. Payment as prerequisite -- Limitation of actions. -- A joint tortfeasor is not

entitled to a final money judgment for contribution until he or she has by payment discharged the

common liability or has paid more than his or her pro rata share of the final money judgment.

Actions for contribution shall be commenced not later than one year next after the first payment

made by a joint tortfeasor which has discharged the common liability or is more than his or her

pro rata share thereof.

     10-6-5. Separate settlement with injured person. -- A joint tortfeasor who enters into a

settlement with the injured person is not entitled to recover contribution from another joint

tortfeasor whose liability to the injured person is not extinguished by the settlement.

     10-6-6. Effect of judgment against one tortfeasor. -- The recovery of a judgment by the

injured person against one joint tortfeasor does not discharge the other joint tortfeasors.

     10-6-7. Effect of release of one tortfeasor on liability of others. -- A release by the

injured person of one joint tortfeasor, whether before or after judgment, does not discharge the

other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors

in the amount of the consideration paid for the release, or in any amount or proportion by which

the release provides that the total claim shall be reduced, if greater than the consideration paid.

      However, in circumstances where there are twenty-five (25) or more deaths from a

single occurrence, then a release by the injured person of one joint tortfeasor given as part of a

judicially approved good-faith settlement, whether before or after judgment, does not discharge

the other tortfeasors unless the release so provides but reduces the claim against the other

tortfeasors in the amount of the consideration paid for the release.

     10-6-8. Liability to contribution of tortfeasor released by injured person. -- A release

by the injured person of one joint tortfeasor does not relieve him or her from liability to make

contribution to another joint tortfeasor unless the release is given before the right of the other

tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction,

to the extent of the pro rata share of the released tortfeasor, of the injured person's damages

recoverable against all the other tortfeasors.

      However, in circumstances where there are twenty-five (25) or more deaths from a

single occurrence, a release by the injured person of one joint tortfeasor given as part of a

judicially approved good-faith settlement does not relieve him or her from liability to make

contribution to another joint tortfeasor unless the release is given before the right of the other

tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction

to the extent of the amount of the consideration paid for the release.

     10-6-9. Right of indemnity preserved. -- This chapter does not impair any right of

indemnity under existing law.

     10-6-10. Uniformity of construction. -- This chapter shall be so interpreted and

construed as to effectuate its general purpose to make uniform the law of those states that enact it.

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     10-6-11. Severability. -- If any provision of this chapter or the application thereof to any

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

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

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

     SECTION 2. Title 10 of the General Laws entitled "COURTS AND CIVIL

PROCEDURE-PROCEDURE IN PARTICULAR ACTIONS" is hereby amended by adding

thereto the following chapter:

CHAPTER 6.1

APPORTIONMENT OF TORT RESPONSIBILITY ACT

     10-6.1-1. Short title. – This chapter shall be known and may be cited as the

"Apportionment of Tort Responsibility Act."

     10-6.1-2. Definitions. – In this chapter:

     (1) "Contributory fault" means and includes comparative negligence, misuse of a

product, and unreasonable failure to avoid or mitigate harm.

     (2) "Person" means an individual, corporation, business trust, estate, trust,

partnership, limited liability company, association, joint venture, public corporation,

government, governmental subdivision, agency, or instrumentality, or any other legal or

commercial entity.

     (3) "Released person" means a person that would be liable for damages to a

claimant for personal injury or harm to property if the person had not been discharged

from liability under §10-6.1-8.

     (4) "Responsibility", with respect to a claim for damages for personal injury or

harm to property, means the legal consequences of an act or omission that is the basis for

liability or a defense in whole or in part.

     10-6.1-3. Effect of contributory fault. – In an action seeking damages for personal

injury or harm to property based on negligence or on any other claim for which the claimant may

be subject to a defense in whole or part based on contributory fault, any contributory fault

chargeable to the claimant diminishes the amount that the claimant otherwise would be entitled to

recover as compensatory damages for the injury or harm by the percentage of responsibility

assigned to the claimant pursuant to §10-6.1-4.

     10-6.1-4. Finding damages – Attribution of responsibility. – (a) In an action to recover

damages for personal injury or harm to property involving the responsibility of more than one

party or a released person, the court shall instruct the jury to answer special interrogatories or, if

there is no jury, make findings:

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     (1) Stating the amount of damages that a claimant would be entitled to recover if any

contributory fault were disregarded;

     (2) Stating the percentage of the total responsibility of all the parties and released persons

attributed to each claimant, defendant and released person that caused the injury or harm;

     (3) Regarding whether any of the parties or released persons acted in concert or with an

intent to cause personal injury or harm to property; and

     (4) Regarding any other issue of fact fairly raised by the evidence which is necessary to

make a determination under §10-6.1-5 or enter judgment under §10-6.1-6.

     (b) In determining percentages of responsibility, the trier of fact shall consider:

     (1) The nature of the conduct of each party and released person determined to be

responsible; and

     (2) The extent of the causal relation between the conduct and the damages claimed.

     (c) The court shall determine the extent to which the responsibility of one party, which is

based on the act or omission of another party, warrants that the parties be treated as a single party

for the purpose of submitting interrogatories to the jury or making findings under subsection (a)

of this section.

     10-6.1-5. Determining damage award – Reallocation of uncollectible share. – (a)

After the trier of fact has answered interrogatories or made findings pursuant to §10-6.1-4, the

court shall determine, in accordance with the percentages of responsibility found, the monetary

amount of any award of damages to a claimant, the amount of the several share for which each

party found liable is responsible, and any amount attributable to a released person.

     (b) After the court has made its determinations pursuant to subsection (a) of this section,

any party, no later than ninety (90) days after the entry of judgment for the plaintiff, may move

the court to determine whether all or part of the amount of the several share for which a party is

liable will not be reasonably collectible and request reallocation. If the court based on a

preponderance of the evidence determines that the party's share will not be reasonably collectible,

the court shall make findings reallocating the uncollectible share severally to the other parties,

including the claimant, and any released person. Reallocation must be made in the proportion that

each party's and released person's respective percentage of responsibility bears to the total of the

percentages of responsibility attributed to the parties, including the claimant, and any released

person but not including the percentage being reallocated.

     (c) A party whose liability is reallocated remains liable to a claimant for any additional

share of responsibility allocated to the claimant. A party that discharges an additional share of

responsibility allocated to it pursuant to subsection (b) of this section has a right of

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reimbursement from the party from which the share was reallocated. Upon motion, the court in

the judgment entered under §10-6.1-6 shall declare the rights and obligations resulting from the

reallocation, including any rights and obligations with regard to subrogation or a secured position.

If any party to whom reallocation has been made holds a secured position with regard to the share

reallocated, each party to whom reallocation has been made has a proportionate share in the

secured position. Any amount recovered under this subsection from a party whose liability has

been reallocated must be distributed to each of the parties to whom the reallocation was made in

the same proportion as the original reallocation.

     (d) Reallocation does not make a released person liable for any reallocated share of

responsibility unless the release or other agreement so provides.

     (e) If a motion for reallocation is made, any party may conduct discovery regarding any

issue relevant to the motion.

     10-6.1-6. Entering and modifying judgment. – (a) After determining an award of

damages to a claimant and the amount of the several share, including any reallocated share, for

which each party found liable is responsible, the court shall enter judgment severally against each

party adjudged liable, except in the following situations:

     (1) If two (2) or more parties adjudged liable acted in concert or with an intent to cause

personal injury to, or harm to property of, the claimant, the court shall enter judgment jointly and

severally against the parties for their joint share.

     (2) If a party is adjudged liable for failing to prevent another party from intentionally

causing personal injury to, or harm to property of, the claimant, the court shall enter judgment

jointly and severally against the parties for their combined shares of responsibility.

     (3) If a party is adjudged liable for the act or omission of another party under §10-6.1-

4(c), the court shall enter judgment jointly and severally against the parties for their joint share.

     (4) If another general law so requires, the court shall enter judgment jointly and severally

or otherwise conform the judgment to such statute.

     (b) If a court grants a motion for reallocation pursuant to §10-6.1-5 after judgment is

entered, the court shall modify the judgment to declare the rights and obligations resulting from

the reallocation, including any rights and obligations with regard to subrogation or a secured

position.

     10-6.1-7. Right of contribution and indemnity – Third party action. – (a) Except as

otherwise provided in subsection (b) of this section, a party that is jointly and severally liable

with one or more other parties under this chapter has a right of contribution from another party

jointly liable for any amount the party pays in excess of the several amount for which the party is

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responsible. A party against which contribution is sought is not liable for more than the monetary

amount of the party's several share of responsibility determined pursuant to §10-6.1-5.

     (b) A party that is adjudged liable for the act or omission of another party under §10-6.1-

6 has a right of indemnification from the other party.

     (c) A party that is subject to liability for injury to, or harm to property of, a claimant

under this chapter has a right:

     (1) To join a person that is also subject to liability to the claimant for all or part of the

same injury or harm if the claimant has not sued the person; and

     (2) To seek contribution or indemnity, whichever is appropriate, from another person

whose liability is not determined in the proceeding in which the party is adjudged liable if the

other person is responsible for all or part of the claimant's injury or harm.

     (d) A claim for contribution or indemnity may be asserted in the original action or in a

separate action.

     10-6.1-8. Effect of release. – (a) A release, covenant not to sue, covenant not to execute

a judgment, or similar agreement by a claimant and person subject to liability discharges the

person from liability to the claimant to the extent provided in the agreement and from liability for

contribution to any other person subject to liability to the claimant for the same injury or harm.

The agreement does not discharge any other person subject to liability upon the same claim

unless the agreement so provides.

     (b) The amount of the claim of the releasing person under subsection (a) of this section

against other persons jointly and severally liable for the same injury or harm for which the

released person would have been liable is reduced by the percentage of responsibility attributed to

the released person pursuant to §10-6.1-4.

     (c) A release, covenant not to sue, covenant not to execute a judgment or similar

agreement extinguishes any claim for contribution or indemnity that the released person would

have had against another person that would have been jointly and severally liable with the

released person.

     10-6.1-9. Severability clause. – If any provision of this chapter or its application to any

person or circumstance is held invalid, the invalidity does not affect other provisions or

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

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

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     SECTION 3. This act shall take effect upon passage and apply to actions filed on or after

its effective date.

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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

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     This act would repeal the law regarding contributions among joint tortfeasors and replace

it with the Apportionment of Tort Responsibility Act, in order to provide a uniform and

comprehensive system for the apportionment of tort responsibility.

     This act would take effect upon passage and apply to actions filed on or after its effective

date.

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