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2013 -- S 0215 | |
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LC00406 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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____________ | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT | |
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LIABILITY | |
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Introduced By: Senators Walaska, and Bates | |
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Date Introduced: February 06, 2013 | |
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Referred To: Senate Judiciary | |
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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 |
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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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LC00406 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - TORT | |
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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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LC00406 | |
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