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2004 -- H 7577 | |
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LC01650 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2004 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE -- JOINT AND SEVERAL LIABILITY | |
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Introduced By: Representative Eileen S. Naughton | |
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Date Introduced: February 05, 2004 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 10 of the General Laws entitled "Courts and Civil Procedure - |
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Procedure in Particular Actions" is hereby amended by adding thereto the following chapter: |
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CHAPTER 5.1 |
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JOINT AND SEVERAL LIABILITY |
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10-5.1-1. Several liability. – In any action for personal injury, property damage or |
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wrongful death, the liability of a defendant for damages shall be several only and shall not be |
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joint where the defendant's act or omission constituted no more than twenty-five percent (25%) of |
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the cause of the damages sustained by the plaintiff. Such defendant shall only be responsible for |
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payment of the amount of the damages, plus the interest thereon, allocated to that defendant in |
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direct proportion to that defendant's percentage of culpability, and a separate judgment shall be |
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rendered against the defendant for that amount. To determine the amount of the judgment to be |
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entered against such defendant, the court shall multiply the total amount of damages sustained by |
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the plaintiff, prior to any reduction for comparative negligence, if any, by the percentage of the |
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defendant's culpability, computed interest thereon, and that amount shall be the maximum |
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recoverable against said defendant. |
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10-5.1-2. Joint and several liability. – Except as provided in section 10-5.1-1, the |
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liability of a defendant shall be joint and several as heretofore provided by law. Any person held |
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jointly liable under this section shall have a right of contribution in accordance with chapter 10-6 |
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of the general laws. |
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SECTION 2. This act shall take effect upon passage and shall apply to all causes of |
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action arising on or after that date. |
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LC01650 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE -- JOINT AND SEVERAL LIABILITY | |
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This act would provide that the liability of a defendant for damages would be several |
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only and not be joint where the defendant's act or omission constituted no more than 25% of the |
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causes of damages sustained by the plaintiff. |
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This act would take effect upon passage and would apply to all causes of action arising |
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on or after that date. |
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LC01650 | |
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