Senator Ott proposes the following amendment (SR-244.CEM0038S):
Amend the bill, as and if amended, SECTION 1.A., Section 15-38-15, by adding a subsection to read:
(C) A defendant shall retain the right to assert that another potential tortfeasor, whether or not a party, contributed to the alleged injury or damages and/or may be liable for any or all of the damages alleged by any other party. To assert another potential tortfeasor, a defendant shall:(1) if a defendant knows or should know of another potential tortfeasor, the defendant must make such assertion at the time of responsive pleading by identifying the potential tortfeasor; or if the identity is unknown at the time of responsive pleading, the defendant must provide notice of a potential tortfeasor in its pleadings, and within thirty days, the defendant must amend any responsive pleadings to include the identity of the other potential tortfeasor; but
(2) if at any other time the existence of another tortfeasor comes to the defendant's knowledge, the defendant must file leave with court pursuant to a motion filed within ten days of discovery to identify and assert that another tortfeasor contributed to the alleged injury or damages.
(D) This section does not apply to a defendant whose conduct is determined to be intentional or conduct involving the illegal or illicit use, sale, or possession of drugs.
Renumber sections to conform.
Amend title to conform.