2015 -- H 5763

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LC001634

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS

     

     Introduced By: Representatives Craven, and Lombardi

     Date Introduced: February 26, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 10-6-7 and 10-6-8 of the General Laws in Chapter 10-6 entitled

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"Contribution Among Joint Tortfeasors" are hereby amended to read as follows:

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     10-6-7. Effect of release of one tortfeasor on liability of others. -- A release by the

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injured person of one joint tortfeasor, whether before or after judgment, does not discharge the

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other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors

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in the amount of the consideration paid for the release., or in any amount or proportion by which

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the release provides that the total claim shall be reduced, if greater than the consideration paid.

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      However, in circumstances where there are twenty-five (25) or more deaths from a

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single occurrence, then a release by the injured person of one joint tortfeasor given as part of a

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judicially approved good-faith settlement, whether before or after judgment, does not discharge

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the other tortfeasors unless the release so provides but reduces the claim against the other

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tortfeasors in the amount of the consideration paid for the release.

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     10-6-8. Liability to contribution of tortfeasor released by injured person. -- A release

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by the injured person of one joint tortfeasor as part of a good-faith settlement does not relieve him

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or her from liability to make contribution or equitable indemnity to another joint tortfeasor unless

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the release is given before the right of the other tortfeasor to secure a money judgment for

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contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the

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released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors by

 

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the amount paid for the release.

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      However, in circumstances where there are twenty-five (25) or more deaths from a

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single occurrence, a release by the injured person of one joint tortfeasor given as part of a

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judicially approved good-faith settlement does not relieve him or her from liability to make

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contribution to another joint tortfeasor unless the release is given before the right of the other

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tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction

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to the extent of the amount of the consideration paid for the release.

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     For purposes of this section, a good-faith settlement is one that does not exhibit collusion,

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fraud, dishonesty, or other tortious conduct intended to prejudice the non-settling tortfeasor(s),

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irrespective of the settling or non-settling tortfeasors' proportionate share of liability.

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     SECTION 2. This act shall take effect upon passage.

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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 - CONTRIBUTION AMONG JOINT TORTFEASORS

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     This act would provide for straight dollar-for-dollar setoff regarding tort settlements

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involving multiple defendants and provides for straight setoff of the amount paid by a settling

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tortfeasor from the amount recoverable against other tortfeasors.

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     This act would take effect upon passage.

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