2019 -- S 0494 | |
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LC001648 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR | |
ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS | |
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Introduced By: Senators Lynch Prata, McKenney, McCaffrey, Archambault, and Euer | |
Date Introduced: February 27, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 10-6 of the General Laws entitled "Contribution Among Joint |
2 | Tortfeasors" is hereby amended by adding thereto the following section: |
3 | 10-6-12. Court-approved settlements. |
4 | The following provisions apply solely and exclusively to judicially approved good faith |
5 | settlements of claims relating to the Field Entertainment/Ringling Brothers Circus accident on |
6 | May 4, 2014. |
7 | (a) A release by a claimant of one joint tortfeasor, whether before or after judgment, does |
8 | not discharge the other joint tortfeasors unless the release so provides, but such release shall |
9 | reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the |
10 | release. |
11 | (b) A release by a claimant of one joint tortfeasor relieves them from liability to make a |
12 | contribution to another joint tortfeasor. |
13 | (c) For purposes of this section, a good faith settlement is one that does not exhibit |
14 | collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non- |
15 | settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of |
16 | liability. |
17 | SECTION 2. This act shall take effect upon passage and shall apply to all claims pending |
18 | at the time of passage or asserted thereafter; provided, however, that this act shall not apply to, |
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1 | affect or impair releases executed before the passage 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 - CONTRIBUTION AMONG JOINT TORTFEASORS | |
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1 | This act would provide that a release by one claimant relative to the claims relating to |
2 | Field Entertainment/Ringling Brothers Circus accident, occurring on May 4, 2014, would not |
3 | discharge other joint tortfeasors, unless specifically agreed to within that release, but would |
4 | reduce the claim against the other joint tortfeasors in the amount paid in the release. |
5 | This act would take effect upon passage and would apply to all claims pending at the time |
6 | of passage or asserted thereafter; provided, however, that this act would not apply to, affect or |
7 | impair releases executed before the passage date. |
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