Senate Bill #494 (2019)

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

Provides that a release by one claimant relative to claims relating to the Feld Entertainment/Ringling Brothers Circus accident of 5/4/14 would not discharge other joint tortfeasors.

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Changes since original draft

  • 2019 – S 0494
  • 2019 – S 0494 SUBSTITUTE A
  • ========
  • LC001648
  • LC001648/SUB A
  • ========
  • S TATE OF RHODE IS L AND
  • 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
  • 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: Senators Lynch Prata, McKenney, McCaffrey, Archambault, and Euer
  • Date Introduced: February 27, 2019
  • Referred To: Senate 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:
  • 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 Field Entertainment/Ringling Brothers Circus accident on May 4, 2014.
  • 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 shallapply to allclaims 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. ======== LC001648 ========
  • LC001648 - Page 2of 3
  • 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
  • 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. ======== LC001648/SUB A ========
  • 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
  • ***
  • This act would provide that a release by one claimant relative to the claims relating to Field 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 allclaims 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. ======== LC001648 ========
  • LC001648 - Page 3of 3
  • 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. ======== LC001648/SUB A ========

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