2013 -- S 0080

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LC00170

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - JOINT AND SEVERAL LIABILITY

     Introduced By: Senator Marc A. Cote

     Date Introduced: January 16, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 10 of the General Laws entitled "PROCEDURE IN PARTICULAR

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ACTIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 5.1

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JOINT AND SEVERAL LIABILITY

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     10-5.1-1. Several liability. -- In any action for personal injury, property damage or

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wrongful death, the liability of a defendant for damages shall be several only and shall not be

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joint where the defendant's act or omission constituted no more than twenty-five percent (25%) of

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the cause of the damages sustained by the plaintiff. Such defendant shall only be responsible for

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payment of the amount of damages, plus the interest thereon, allocated to that defendant in direct

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proportion to that defendant's percentage of culpability, and a separate judgment shall be rendered

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against the defendant for that amount. To determine the amount of the judgment to be entered

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against such defendant, the court shall multiply the total amount of damages sustained by the

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plaintiff, prior to any reduction for comparative negligence, if any, by the percentage of the

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defendant's culpability, computed interest thereon, and that amount shall be the maximum

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recoverable against said defendant.

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     10-5.1-2. Joint and several liability. -- Except as provided in section 10-5.1-1 the

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liability of a defendant shall be joint and several as heretofore provided by law. Any person held

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jointly liable under this section shall have a right of contribution in accordance with chapter 10-6

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of the general laws.

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     SECTION 2. This act shall take effect upon passage and shall apply to all civil actions

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filed after passage of this act.

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LC00170

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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 - JOINT AND SEVERAL LIABILITY

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     This act would limit liability of a tortfeasor for damages to several only and not joint if it

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is found that the defendant’s act or omission constituted no more than twenty-five percent (25%)

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of the damages sustained by the plaintiff.

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     This act would take effect upon passage and would apply to all civil actions filed after

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passage of this act.

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LC00170

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