2020 -- H 7709 | |
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LC005070 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR | |
ACTIONS -- THE JOINT TORTFEASOR ACT | |
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Introduced By: Representatives Blazejewski, Millea, McKiernan, Marszalkowski, and | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 10-6-3, 10-6-4 and 10-6-7 of the General Laws in Chapter 10-6 |
2 | entitled "Contribution Among Joint Tortfeasors" are hereby amended to read as follows: |
3 | 10-6-3. Right of contribution declared. |
4 | Except as otherwise provided in § 10-6-7, the The right of contribution exists among joint |
5 | tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors, |
6 | the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata |
7 | shares. |
8 | 10-6-4. Payment as prerequisite -- Limitation of actions. |
9 | Except as otherwise provided in § 10-6-7, a A joint tortfeasor is not entitled to a final |
10 | money judgment for contribution until he or she has by payment discharged the common liability |
11 | or has paid more than his or her pro rata share of the final money judgment. Actions for contribution |
12 | shall be commenced not later than one year next after the first payment made by a joint tortfeasor |
13 | which has discharged the common liability or is more than his or her pro rata share thereof. |
14 | 10-6-7. Effect of release of one tortfeasor on liability of others. |
15 | (a) A release by the injured person of one joint tortfeasor, whether before or after judgment, |
16 | does not discharge the other tortfeasors unless the release so provides; but reduces the claim against |
17 | the other tortfeasors in the amount of the consideration paid for the release, or in any amount or |
18 | proportion by which the release provides that the total claim shall be reduced, if greater than the |
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1 | consideration paid. |
2 | However, in circumstances where there are twenty-five (25) or more deaths from a single |
3 | occurrence, then a release by the injured person of one joint tortfeasor given as part of a judicially |
4 | approved good-faith settlement, whether before or after judgment, does not discharge the other |
5 | tortfeasors unless the release so provides but reduces the claim against the other tortfeasors in the |
6 | amount of the consideration paid for the release. |
7 | (b) A release by the injured person of one joint tortfeasor relieves that tortfeasor from |
8 | liability to make contribution to another joint tortfeasor. |
9 | SECTION 2. Section 10-6-8 of the General Laws in Chapter 10-6 entitled "Contribution |
10 | Among Joint Tortfeasors" is hereby repealed. |
11 | 10-6-8. Liability to contribution of tortfeasor released by injured person. |
12 | A release by the injured person of one joint tortfeasor does not relieve him or her from |
13 | liability to make contribution to another joint tortfeasor unless the release is given before the right |
14 | of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a |
15 | reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's |
16 | damages recoverable against all the other tortfeasors. |
17 | However, in circumstances where there are twenty-five (25) or more deaths from a single |
18 | occurrence, a release by the injured person of one joint tortfeasor given as part of a judicially |
19 | approved good-faith settlement does not relieve him or her from liability to make contribution to |
20 | another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure |
21 | a money judgment for contribution has accrued, and provides for a reduction to the extent of the |
22 | amount of the consideration paid for the release. |
23 | SECTION 3. This act shall take effect upon passage and shall apply to all claims pending |
24 | at the time of passage or asserted thereafter; provided, however, that this act shall not apply to, |
25 | 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 -- THE JOINT TORTFEASOR ACT | |
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1 | This act would allow a release by the injured person of one joint tortfeasor to relieve that |
2 | tortfeasor from liability to make contribution to another joint tortfeasor. |
3 | This act would take effect upon passage and would apply to all claims pending at the time |
4 | of passage or asserted thereafter; provided, however, that this act would not apply to, affect or |
5 | impair releases executed before the passage date. |
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LC005070 | |
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