2019 -- S 0494 SUBSTITUTE A

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LC001648/SUB A

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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

     

     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:

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

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

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     10-6-12. Court-approved settlements.

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     The following provisions apply solely and exclusively to judicially approved good faith

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settlements of claims relating to the Feld Entertainment/Ringling Brothers Circus accident on

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May 4, 2014.

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     (a) A release by a claimant of one joint tortfeasor, whether before or after judgment, does

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not discharge the other joint tortfeasors unless the release so provides, but such release shall

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reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the

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release.

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     (b) A release by a claimant of one joint tortfeasor relieves them from liability to make a

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contribution to another joint tortfeasor.

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     (c) For purposes of this section, a good faith settlement is one that does not exhibit

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collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non-

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settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of

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liability.

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     SECTION 2. This act shall take effect upon passage and shall apply to all claims pending

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at the time of passage or asserted thereafter; provided, however, that this act shall not apply to,

 

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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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     This act would provide that a release by one claimant relative to the claims relating to

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Feld Entertainment/Ringling Brothers Circus accident, occurring on May 4, 2014, would not

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discharge other joint tortfeasors, unless specifically agreed to within that release, but would

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reduce the claim against the other joint tortfeasors in the amount paid in the release.

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     This act would take effect upon passage and would apply to all claims pending at the time

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of passage or asserted thereafter; provided, however, that this act would not apply to, affect or

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impair releases executed before the passage date.

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