View Amendment Current Amendment: 6 to Bill 244

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.