| Chapter 410 |
| 2021 -- S 0733 Enacted 07/14/2021 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE ON PARTICULAR ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS |
Introduced By: Senators Lombardi, and McCaffrey |
| Date Introduced: March 26, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 10-6-3, 10-6-4 and 10-6-7 of the General Laws in Chapter 10-6 |
| entitled "Contribution Among Joint Tortfeasors" are hereby amended to read as follows: |
| 10-6-3. Right of contribution declared. |
| The Except as otherwise provided in § 10-6-7, the right of contribution exists among joint |
| tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors, |
| the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata |
| shares. |
| 10-6-4. Payment as prerequisite -- Limitation of actions. |
| A Except as otherwise provided in § 10-6-7, a joint tortfeasor is not entitled to a final |
| money judgment for contribution until he or she has by payment discharged the common liability |
| or has paid more than his or her pro rata share of the final money judgment. Actions for contribution |
| shall be commenced not later than one year next after the first payment made by a joint tortfeasor |
| which has discharged the common liability or is more than his or her pro rata share thereof. |
| 10-6-7. Effect of release of one tortfeasor on liability of others. |
| (1) A release by the injured person of one joint tortfeasor, whether before or after judgment, |
| does not discharge the other tortfeasors unless the release so provides; but reduces the claim against |
| the other tortfeasors in the amount of the consideration paid for the release, or in any amount or |
| proportion by which the release provides that the total claim shall be reduced, if greater than the |
| consideration paid. |
| However, in circumstances where there are twenty-five (25) or more deaths from a single |
| occurrence, then a release by the injured person of one joint tortfeasor given as part of a judicially |
| approved good-faith settlement, whether before or after judgment, does not discharge the other |
| tortfeasors unless the release so provides but reduces the claim against the other tortfeasors in the |
| amount of the consideration paid for the release. |
| (2) A release by the injured person of one joint tortfeasor relieves that tortfeasor from |
| liability to make contribution to another joint tortfeasor. |
| SECTION 2. Section 10-6-8 of the General Laws in Chapter 10-6 entitled "Contribution |
| Among Joint Tortfeasors" is hereby repealed. |
| 10-6-8. Liability to contribution of tortfeasor released by injured person. |
| A release by the injured person of one joint tortfeasor does not relieve him or her from |
| liability to make contribution to another joint tortfeasor unless the release is given before the right |
| of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a |
| reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's |
| damages recoverable against all the other tortfeasors. |
| However, in circumstances where there are twenty-five (25) or more deaths from a single |
| occurrence, a release by the injured person of one joint tortfeasor given as part of a judicially |
| approved good-faith settlement does not relieve him or her from liability to make contribution to |
| another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure |
| a money judgment for contribution has accrued, and provides for a reduction to the extent of the |
| amount of the consideration paid for the release. |
| SECTION 3. 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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| LC002441 |
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