2021 -- H 5560

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LC001293

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE ON PARTICULAR

ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS

     

     Introduced By: Representatives McEntee, Craven, Knight, Shanley, and Batista

     Date Introduced: February 12, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 10-6-3, 10-6-4 and 10-6-7 of the General Laws in Chapter 10-6

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

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     10-6-3. Right of contribution declared.

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     The Except as otherwise provided in § 10-6-7, the right of contribution exists among joint

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tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors,

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the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata

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shares.

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     10-6-4. Payment as prerequisite -- Limitation of actions.

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     A Except as otherwise provided in § 10-6-7, a joint tortfeasor is not entitled to a final

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money judgment for contribution until he or she has by payment discharged the common liability

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or has paid more than his or her pro rata share of the final money judgment. Actions for contribution

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shall be commenced not later than one year next after the first payment made by a joint tortfeasor

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which has discharged the common liability or is more than his or her pro rata share thereof.

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

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     (1) A release by the injured person of one joint tortfeasor, whether before or after judgment,

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does not discharge the other tortfeasors unless the release so provides; but reduces the claim against

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the other tortfeasors in the amount of the consideration paid for the release, or in any amount or

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proportion by which the release provides that the total claim shall be reduced, if greater than the

 

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consideration paid.

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

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

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

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

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amount of the consideration paid for the release.

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     (2) A release by the injured person of one joint tortfeasor relieves that tortfeasor from

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liability to make contribution to another joint tortfeasor.

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     SECTION 2. Section 10-6-8 of the General Laws in Chapter 10-6 entitled "Contribution

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Among Joint Tortfeasors" is hereby repealed.

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

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     A release by the injured person of one joint tortfeasor does not relieve him or her from

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liability to make contribution to another joint tortfeasor unless the release is given before the right

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of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a

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reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's

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damages recoverable against all the other tortfeasors.

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

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

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

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

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a money judgment for contribution has accrued, and provides for a reduction to the extent of the

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amount of the consideration paid for the release.

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     SECTION 3. This act shall take effect upon passage and shall apply to all claims pending

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at the time of passage or asserted thereafter; provided, however, that this act shall not apply to,

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affect or impair releases executed before the passage date.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE ON PARTICULAR

ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS

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     This act would repeal the section of the law which provides that a joint tortfeasor receives

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the greater benefit of the sum paid by a released tortfeasor or the percentage of fault attributed to

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the released tortfeasor. This act would limit the credit received by a joint tortfeasor to the amount

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paid by the released tortfeasor without regard to funding of fault.

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     This act would take effect upon passage and would apply to all claims pending at the time

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of passage or asserted thereafter; provided, however, that this act would not apply to, affect or

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impair releases executed before the passage date.

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LC001293

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