2019 -- S 0494 SUBSTITUTE 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:

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

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

     10-6-12. Court-approved settlements.

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

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

May 4, 2014.

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

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

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

release.

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

contribution to another joint tortfeasor.

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

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

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

liability.

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

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

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

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

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

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

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

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

impair releases executed before the passage date.

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