2017 -- S 0424 | |
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LC001993 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR | |
ACTIONS - JOINT AND SEVERAL LIABILITY | |
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Introduced By: Senator Marc A. Cote | |
Date Introduced: March 02, 2017 | |
Referred To: Senate Judiciary | |
(by request) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 10 of the General Laws entitled "COURTS AND CIVL |
2 | PROCEDURE - PROCEDURE IN PARTICULAR ACTIONS" is hereby amended by adding |
3 | thereto the following chapter: |
4 | CHAPTER 6.1 |
5 | JOINT AND SEVERAL LIABILITY |
6 | 10-6.1-1. Several liability. |
7 | In any action for personal injury, property damage or wrongful death, the liability of a |
8 | defendant for damages shall be several only and shall not be joint where the defendant's act or |
9 | omission constituted no more than twenty-five percent (25%) of the cause of the damages |
10 | sustained by the plaintiff. The defendant shall only be responsible for payment of the amount of |
11 | damages, plus the interest thereon, allocated to that defendant in direct proportion to that |
12 | defendant's percentage of culpability, and a separate judgment shall be rendered against the |
13 | defendant for that amount. To determine the amount of the judgment to be entered against such |
14 | defendant, the court shall multiply the total amount of damages sustained by the plaintiff, prior to |
15 | any reduction for comparative negligence, if any, by the percentage of the defendant's culpability, |
16 | computed interest thereon, and that amount shall be the maximum recoverable against said |
17 | defendant. |
18 | 10-6.1-2. Joint and several liability. |
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1 | Except as provided in §10-6.1-1 the liability of a defendant shall be joint and several as |
2 | heretofore provided by law. Any person held jointly liable under this section shall have a right of |
3 | contribution in accordance with the provisions of chapter 6 of title 10. |
4 | SECTION 2. This act shall take effect upon passage and shall apply to all civil actions |
5 | filed after passage of this act. |
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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 - JOINT AND SEVERAL LIABILITY | |
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1 | This act would limit liability of a tortfeasor for damages to several only and not joint if it |
2 | is found that the defendant’s act or omission constituted no more than twenty-five percent (25%) |
3 | of the damages sustained by the plaintiff. |
4 | This act would take effect upon passage and would apply to all civil actions filed on or |
5 | after the effective date of this act. |
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