2012 -- S 2142

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LC00495

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT

LIABILITY

     

     

     Introduced By: Senator William A. Walaska

     Date Introduced: January 18, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-21-10 of the General Laws in Chapter 9-21 entitled "Judgments,

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Orders, and Decrees" is hereby amended to read as follows:

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     9-21-10. Interest in civil actions. -- (a) In any civil action in which a verdict is rendered

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or a decision made for pecuniary damages, there shall be added by the clerk of the court to the

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amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date

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the cause of action accrued, which shall be included in the judgment entered therein. Post-

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judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on

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both the principal amount of the judgment and the prejudgment interest entered therein. This

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section shall not apply until entry of judgment or to any contractual obligation where interest is

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already provided.

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      (b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for

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personal injury or wrongful death filed against a licensed physician, hospital, clinic, health

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maintenance organization, professional service corporation providing health care services, dentist,

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or dental hygienist based on professional negligence. In all such medical malpractice actions in

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which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the

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clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum

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thereon from the date of written notice of the claim by the claimant or his or her representative to

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the malpractice liability insurer, or to the medical or dental health care provider or the filing of

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the civil action, whichever first occurs.

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     (c) In any civil action in which a verdict is rendered or a decision made for pecuniary

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damages, in whole or in part, against the state, its political subdivisions, and/or employees of said

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entitles while performing any act or omission under the scope of such employment, there shall be

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no award of pre-judgment interest. Post judgment interest, however, shall be calculated at the rate

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of twelve percent (12%) commencing four (4) weeks after the date the judgment was entered, per

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annum and accrue on the principal amount of judgment. This section shall not apply to any

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contractual obligation of such public entity where interest is already provided.

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     SECTION 2. Chapter 9-31 of the General Laws entitled "Governmental Tort Liability" is

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hereby amended by adding thereto the following section:

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     9-31-3.1. Tort liability restrictions - Town, city or fire districts. – A city, town, or fire

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district employee or official may be sued in his or her individual capacity, if it can be established

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that his or her act or omission, upon which the cause of action was based, was not performed

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within the scope of his or her employment or involved actual fraud or malice or willful

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misconduct.

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     SECTION 3. Section 10-6-2 of the General Laws in Chapter 10-6 entitled "Contribution

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Among Joint Tortfeasors" is hereby amended to read as follows:

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     10-6-2. "Joint tortfeasors" defined. -- For the purposes of this chapter, the term "joint

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tortfeasors" means two (2) or more persons jointly or severally liable in tort for the same injury to

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person or property, whether or not judgment has been recovered against all or some of them;

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provided, however, that a master and servant or principal and agent shall be considered a single

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tortfeasor.; and provided, further, that joint and several liability shall not apply to the State of

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Rhode Island, its political subdivisions and/or any employees or officials of said entities while

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performing any act or omission under the scope of such employment unless the proportionate

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liability of such public entity or employee is equal to or exceeds twenty-five percent (25%) of the

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total judgment. If the percentage of liability attributable to the public entity or its employee is less

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than twenty-five percent (25%), then the governmental entity is only responsible for its

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proportionate share of the judgment.

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     SECTION 4. This act shall take effect upon passage.

     

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LC00495

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT

LIABILITY

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     This act would place certain limits on the joint and several liability of the State of Rhode

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Island and its officials, employees, and political subdivisions. It would also prohibit lawsuits

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against city, town, or fire district officials or employees in certain situations, and would further

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prohibit the award of pre-judgment interest on certain awards for damages against the state or

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employees thereof.

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     This act would take effect upon passage.

     

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LC00495

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S2142