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IN HB1585

Bill

Status

Introduced

1/23/2017

Primary Sponsor

Matthew Lehman

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Adds a new chapter (IC 34-51-6) creating a right of action for contribution against third parties in cases arising under the Federal Employers' Liability Act, 45 U.S.C. 51, including violations of the Safety Appliance Act and Locomotive Inspection Act.

  • Allows a defendant subject to liability to pursue contribution against a third party only if the defendant has paid more in damages than the defendant's percentage of fault, with recovery limited to the amount paid in excess of the defendant's percentage.

  • Prohibits contribution actions against third parties who are employees of the defendant and preserves existing rights of indemnity under current law.

  • Requires a fact finder to determine each third party's portion of fault and percentage of damages, with legal requirements of causal relation applying to contributory fault.

  • Establishes that contribution may be enforced in the original action or a separate action, with a one-year deadline from either the date judgment becomes final (by lapse of appeal time or after appellate review) or one year after the defendant settles and pays damages.

Legislative Description

Action for contribution for railroad employees. Creates a right of action for contribution against a third party for claims that arise under the Federal Employers' Liability Act.

Last Action

First reading: referred to Committee on Judiciary

1/23/2017

Committee Referrals

Judiciary1/23/2017

Full Bill Text

No bill text available