Chapter 213

2006 -- H 7109 SUBSTITUTE B AS AMENDED

Enacted 07/03/06

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- JOINT TORTFEASOR RELEASES

Introduced By: Representative Peter F. Kilmartin

Date Introduced: February 07, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. WHEREAS, The occurrence of catastrophic accidents involving major loss

of life has a profound economic effect upon the state and its citizens, constituting an economic

crisis for involved populations, health care providers and state and local governments;

WHEREAS, Prolonged care and support of victims of catastrophic accidents and their

families imposes a burden on the state and its citizens which may be reduced by encouraging

settlements with responsible tortfeasors; and

WHEREAS, Delay in settling catastrophic accident claims may itself reduce the available

assets of responsible tortfeasors in such cases; and

WHEREAS, The General Assembly, acting within the scope of its police power, finds

and declares that the statutory remedy herein provided is intended to ameliorate the hardship and

economic impact of catastrophic accidents on the state, its health care providers and its citizens.

     SECTION 2. Sections 10-6-7 and 10-6-8 of the General Laws in Chapter 10-6 entitled

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

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

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

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

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

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

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

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

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

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

amount of the consideration paid for the release.

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

by the injured person of one joint tortfeasor does not relieve him or her from liability to make

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

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

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

recoverable against all the other tortfeasors.

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

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

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

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

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

amount of the consideration paid for the release.

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

at the time of passage; provided, however, that this act shall not apply to, affect or impair releases

executed before the date of passage.

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LC01124/SUB B

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