senate Bill S887

2013-2014 Legislative Session

Provides, in tort cases where one defendant has settled, that remaining defendants must elect prior to trial as to reduction in liability; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

S887 - Details

See Assembly Version of this Bill:
A1085
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Rpld & add §15-108, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3766, A625
2009-2010: S2390, A2579A

S887 - Summary

Provides, in tort cases where one defendant has settled, that remaining defendants must elect, prior to trial, whether to reduce liability by the amount of the settlement or by the amount of the equitable share of damages delegated to the settler in the verdict.

S887 - Sponsor Memo

S887 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   887

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  DeFRANCISCO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT to amend the general obligations law, in relation to settlements
  in tort actions; and to repeal certain provisions of such law relating
  thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 15-108 of the general obligations law is REPEALED
and a new section 15-108 is added to read as follows:
  S 15-108. SETTLEMENTS IN TORT ACTIONS. (A) EFFECT OF SETTLEMENT. (1) A
SETTLEMENT REACHED WITH ONE OF TWO OR MORE PERSONS  WHO  ARE  LIABLE  OR
CLAIMED  TO BE LIABLE IN TORT FOR THE SAME INJURY OR WRONGFUL DEATH DOES
NOT DISCHARGE ANY OTHER  TORTFEASOR  FROM  LIABILITY  UNLESS  ITS  TERMS
EXPRESSLY  SO PROVIDE, EXCEPT THAT EACH OF THE REMAINING TORTFEASORS MAY
CHOOSE TO REDUCE HIS OR HER LIABILITY TO THE PLAINTIFF  OR  CLAIMANT  BY
THE  STATED  SETTLEMENT  AMOUNT, THE CONSIDERATION ACTUALLY PAID, OR THE
SETTLING TORTFEASOR'S EQUITABLE SHARE OF THE DAMAGES AS DETERMINED UNDER
ARTICLE FOURTEEN OF THE CIVIL PRACTICE LAW AND RULES.
  (2) WHEN MORE THAN ONE PERSON SETTLES WITH A  PLAINTIFF  OR  CLAIMANT,
EACH  OF  THE  REMAINING  TORTFEASORS  MAY  CHOOSE  TO REDUCE HIS OR HER
LIABILITY TO THE PLAINTIFF OR  CLAIMANT  BY  THE  TOTAL  OF  ALL  STATED
SETTLEMENT AMOUNTS, THE TOTAL CONSIDERATION ACTUALLY PAID FOR ALL OF THE
SETTLEMENTS,  OR THE TOTAL OF THE SETTLING TORTFEASORS' EQUITABLE SHARES
OF THE DAMAGES AS DETERMINED UNDER ARTICLE FOURTEEN OF THE  CIVIL  PRAC-
TICE LAW AND RULES.
  (3)  THE  CHOICE  AUTHORIZED BY THIS SUBDIVISION SHALL BE MADE IN OPEN
COURT OR IN A WRITING SUBSCRIBED ON BEHALF OF THE PARTY SEEKING TO LIMIT
LIABILITY, AND SHALL BE MADE PRIOR TO THE FIRST OPENING STATEMENT OF THE
TRIAL UNLESS THE PARTY MAKING THE ELECTION ONLY LATER BECOMES AWARE THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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