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

     

     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:

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     SECTION 1. Title 10 of the General Laws entitled "COURTS AND CIVL

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

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thereto the following chapter:

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CHAPTER 6.1

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JOINT AND SEVERAL LIABILITY

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     10-6.1-1. Several liability.

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     In any action for personal injury, property damage or wrongful death, the liability of a

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defendant for damages shall be several only and shall not be joint where the defendant's act or

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omission constituted no more than twenty-five percent (25%) of the cause of the damages

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sustained by the plaintiff. The defendant shall only be responsible for payment of the amount of

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damages, plus the interest thereon, allocated to that defendant in direct proportion to that

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defendant's percentage of culpability, and a separate judgment shall be rendered against the

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defendant for that amount. To determine the amount of the judgment to be entered against such

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defendant, the court shall multiply the total amount of damages sustained by the plaintiff, prior to

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any reduction for comparative negligence, if any, by the percentage of the defendant's culpability,

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computed interest thereon, and that amount shall be the maximum recoverable against said

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defendant.

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     10-6.1-2. Joint and several liability.

 

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     Except as provided in §10-6.1-1 the liability of a defendant shall be joint and several as

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heretofore provided by law. Any person held jointly liable under this section shall have a right of

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contribution in accordance with the provisions of chapter 6 of title 10.

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     SECTION 2. This act shall take effect upon passage and shall apply to all civil actions

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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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     This act would limit liability of a tortfeasor for damages to several only and not joint if it

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is found that the defendant’s act or omission constituted no more than twenty-five percent (25%)

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of the damages sustained by the plaintiff.

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     This act would take effect upon passage and would apply to all civil actions filed on or

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after the effective date of this act.

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LC001993

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