Reprinted
February 14, 2003
HOUSE BILL No. 1479
_____
DIGEST OF HB 1479
(Updated February 13, 2003 2:37 PM - DI 106)
Citations Affected: IC 34-51.
Synopsis: Comparative fault. Allows a jury to be informed that a
person who may be at fault is immune from liability. Repeals a
provision that establishes 90 day time limit for filing a nonparty
defense in a malpractice case when a claim against a qualified health
provider is filed with the insurance commissioner.
Effective: July 1, 2003.
Kersey
, Young D
January 15, 2003, read first time and referred to Committee on Insurance, Corporations and
Small Business.
February 10, 2003, amended, reported _ Do Pass.
February 13, 2003, read second time, amended, ordered engrossed.
Reprinted
February 14, 2003
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1479
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-51-2-7; (03)HB1479.2.1. -->
SECTION 1. IC 34-51-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) This section
applies to an action based on fault that is:
(1) brought against one (1) defendant or two (2) or more
defendants who may be treated as a single party; and
(2) tried to a jury.
(b) The court, unless all the parties agree otherwise, shall instruct
the jury to determine its verdict in the following manner:
(1) The jury shall determine the percentage of fault of the
claimant, of the defendant, and of any person who is a nonparty.
The jury may
not be informed of any immunity defense that is
available to a nonparty. In assessing percentage of fault, the jury
shall consider the fault of all persons who caused or contributed
to cause the alleged injury, death, or damage to property, tangible
or intangible, regardless of whether the person was or could have
been named as a party. The percentage of fault of parties to the
action may total less than one hundred percent (100%) if the jury
finds that fault contributing to cause the claimant's loss has also
come from a nonparty or nonparties.
(2) If the percentage of fault of the claimant is greater than fifty
percent (50%) of the total fault involved in the incident which
caused the claimant's death, injury, or property damage, the jury
shall return a verdict for the defendant and no further deliberation
of the jury is required.
(3) If the percentage of fault of the claimant is not greater than
fifty percent (50%) of the total fault, the jury then shall determine
the total amount of damages the claimant would be entitled to
recover if contributory fault were disregarded.
(4) The jury next shall multiply the percentage of fault of the
defendant by the amount of damages determined under
subdivision (3) and shall then enter a verdict for the claimant in
the amount of the product of that multiplication.
SOURCE: IC 34-51-2-8; (03)HB1479.2.2. -->
SECTION 2. IC 34-51-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) This section
applies to an action based on fault that:
(1) is brought against two (2) or more defendants; and
(2) is tried to a jury.
(b) The court, unless all the parties agree otherwise, shall instruct
the jury to determine its verdict in the following manner:
(1) The jury shall determine the percentage of fault of the
claimant, of the defendants, and of any person who is a nonparty.
The jury may not be informed of any immunity defense that might
be available to a nonparty. In assessing percentage of fault, the
jury shall consider the fault of all persons who caused or
contributed to cause the alleged injury, death, or damage to
property, tangible or intangible, regardless of whether the person
was or could have been named as a party. The percentage of fault
of parties to the action may total less than one hundred percent
(100%) if the jury finds that fault contributing to cause the
claimant's loss has also come from a nonparty or nonparties.
(2) If the percentage of fault of the claimant is greater than fifty
percent (50%) of the total fault involved in the incident which
caused the claimant's death, injury, or property damage, the jury
shall return a verdict for the defendants and no further
deliberation of the jury is required.
(3) If the percentage of fault of the claimant is not greater than
fifty percent (50%) of the total fault, the jury shall then determine
the total amount of damages the claimant would be entitled to
recover if contributory fault were disregarded.
(4) The jury next shall multiply the percentage of fault of each
defendant by the amount of damages determined under
subdivision (3) and shall enter a verdict against each defendant
(and such other defendants as are liable with the defendant by
reason of their relationship to a defendant) in the amount of the
product of the multiplication of each defendant's percentage of
fault times the amount of damages as determined under
subdivision (3).
SOURCE: IC 34-51-2-17; (03)HB1479.2.3. -->
SECTION 3. IC 34-51-2-17 IS REPEALED [EFFECTIVE JULY 1,
2003].