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IN SB0436
Bill
AI Summary
Senate Enrolled Act No. 436 Summary
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Effective July 1, 2018, amends the definition of "fault" in Indiana Code to include acts or omissions that are negligent, willful, wanton, reckless, or intentional, and expands the term for purposes of contribution liability statutes.
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Creates a new right of action for contribution allowing railroad entities subject to Federal Employers' Liability Act (45 U.S.C. 51) to seek contribution from non-employee third parties who may be at fault for injuries or deaths giving rise to claims against the railroad.
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Limits railroad entity recovery to the amount paid that exceeds the railroad entity's percentage of fault, and requires a trier of fact to determine each person's percentage of fault and corresponding damages.
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Establishes a one-year deadline for railroad entities to bring contribution actions after judgment becomes final or after settlement payment, with separate actions allowed only if the original action is no longer pending.
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Allows plaintiffs in original actions to seek bifurcation of their claims from the railroad's contribution claims, enabling the plaintiff's claim to proceed before the contribution claim.
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Prohibits railroad defendants from seeking contribution under this chapter if liability relates to an occupational disease as defined in Indiana Code.
Legislative Description
Action for contribution by railroad entities. Creates a right of action for contribution by a railroad entity against another person or entity that is not an employee of the railroad entity for claims that arise under the Federal Employers' Liability Act. Provides that, if a railroad entity enforces a right of contribution in the original action brought against the railroad entity, the plaintiff in the original action has the right to seek bifurcation of the plaintiff's claim, and have the plaintiff's claim heard in advance of the contribution claim of the railroad entity.
Last Action
Public Law 107
3/15/2018