House Bill #5475 (2019)

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR ACTIONS -- CONTRIBUTION AMONG JOINT TORTFEASORS

Settlement of claim related to Ringling Circus incident shall not discharge other joint tortfeasors.

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Changes since original draft

  • 2019 – H 5475
  • 2019 – H 5475 SUBSTITUTE A
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  • LC001533
  • LC001533/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–PROCEDURE IN PARTICULAR
  • ACTIONS – CONTRIBUTION AMONG JOINT TORTFEASORS
  • Introduced By: Representatives Shekarchi, McEntee, Craven, Millea, and Jackson
  • Date Introduced: February 14, 2019
  • Referred To: House Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 10-6 of the General Laws entitled "Contribution Among Joint Tortfeasors" is hereby amended by adding thereto the following section:
  • 10-6-12. Court-approved settlements.
  • The following provisions apply solely and exclusively to judicially approved good faith settlements of claims relating to the Feld Entertainment/Ringling Brothers Circus incident on May 4, 2014.
  • (1) A release by a claimant of one joint tortfeasor, whether before or after judgment does not discharge the other joint tortfeasors unless the release so provides, but such release shall reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the release.
  • (b) A release by a claimant of one joint tortfeasor relieves them from liability to make contribution to another tortfeasor.
  • (3) For purposes of this section, a good faith settlement is one that does not exhibit collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non- settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of liability.
  • SECTION 2. This act shall take effect upon passage and shall apply to all claims pending at the time of passage or asserted thereafter; provided, however, that this act shall not apply to, affect, or impair, releases executed before the date of passage. ======== LC001533 ========
  • The following provisions apply solely and exclusively to judicially approved good faith settlements of claims relating to the Feld Entertainment/Ringling Brothers Circus accident on May 4, 2014.
  • (a) A release by a claimant of one joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides, but such release shall reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the release.
  • (b) A release by a claimant of one joint tortfeasor relieves them from liability to make a contribution to another joint tortfeasor.
  • (c) For purposes of this section, a good faith settlement is one that does not exhibit collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non- settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of liability.
  • SECTION 2. This act shall take effect upon passage and shall apply to all claims pending at the time of passage or asserted thereafter; provided, however, that this act shall not apply to, affect or impair releases executed before the passage date. ======== LC001533/SUB A ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–PROCEDURE IN PARTICULAR
  • ACTIONS – CONTRIBUTION AMONG JOINT TORTFEASORS
  • ***
  • This act would provide that in connection with judicially approved good faith settlements of claims relating to the Feld Entertainment/Ringling Brothers Circus incident on May 4, 2014, a release by a claimant of one joint tortfeasor shall not discharge other joint tortfeasors unless the release so provides, but shall reduce the claim against the other joint tortfeasors in the amount of the consideration paid.
  • This act would take effect upon passage and would apply to all claims pending at the time of passage or asserted thereafter; provided, however, that this act would not apply to, affect, or impair, releases executed before the date of passage. ======== LC001533 ========
  • ***
  • This act would provide that a release by one claimant relative to the claims relating to Feld Entertainment/Ringling Brothers Circus accident, occurring on May 4, 2014, would not discharge other joint tortfeasors, unless specifically agreed to within that release, but would reduce the claim against the other joint tortfeasors in the amount paid in the release.
  • This act would take effect upon passage and would apply to all claims pending at the time of passage or asserted thereafter; provided, however, that this act would not apply to, affect or impair releases executed before the passage date. ======== LC001533/SUB A ========

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