2020 -- S 2554 | |
======== | |
LC004875 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR | |
ACTIONS--JOINT AND SEVERAL LIABILITY | |
| |
Introduced By: Senator Mark P. McKenney | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 10 of the General Laws entitled "PROCEDURE IN PARTICULAR |
2 | ACTIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 6.1 |
4 | JOINT AND SEVERAL LIABILITY |
5 | 10-6.1-1. Several liability. |
6 | In any action for personal injury, property damage or wrongful death, the liability of a |
7 | defendant for damages shall be several only and shall not be joint where the defendant's act or |
8 | omission constituted no more than twenty-five percent (25%) of the cause of the damages sustained |
9 | by the plaintiff. Such defendant shall only be responsible for payment of the amount of damages, |
10 | plus the interest thereon, allocated to that defendant in direct proportion to that defendant's |
11 | percentage of culpability, and a separate judgment shall be rendered against the defendant for that |
12 | amount. To determine the amount of the judgment to be entered against such defendant, the court |
13 | shall multiply the total amount of damages sustained by the plaintiff, prior to any reduction for |
14 | comparative negligence, if any, by the percentage of the defendant's culpability, computed interest |
15 | thereon, and that amount shall be the maximum recoverable against said defendant. |
16 | 10-6.1-2. Joint and several liability. |
17 | Except as provided in § 10-6.1-1, the liability of a defendant shall be joint and several as |
18 | heretofore provided by law. Any person held jointly liable under this section shall have a right of |
| |
1 | contribution in accordance with chapter 6 of title 10. |
2 | SECTION 2. This act shall take effect upon passage and shall apply to all civil actions filed |
3 | after passage of this act. |
======== | |
LC004875 | |
======== | |
| LC004875 - Page 2 of 3 |
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 | |
*** | |
1 | This act would limit liability of a tortfeasor for damages to several only and not joint, if it |
2 | is found that the defendant’s act or omission caused no more than twenty-five percent (25%) of the |
3 | damages sustained by the plaintiff. |
4 | This act would take effect upon passage and would apply to all civil actions filed after |
5 | passage of this act. |
======== | |
LC004875 | |
======== | |
| LC004875 - Page 3 of 3 |