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: Garrett Worley's Blawg

Comparative Fault and Statutes of Limitations (HB 643)

By R. Garrett Worley III

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HB 643 (doc. file)

Introduced in House February 26, 2008

AN ACT relating to civil actions.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO READ AS FOLLOWS:

(1) In civil actions in which comparative fault is or becomes an issue, a defendant or third-party defendant in the suit may allege in an appropriate pleading that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery. If a defendant or a third-party defendant alleges in an appropriate pleading that a person not sued by the plaintiff caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff’s cause or causes of action against such person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may either:

(a) Amend the complaint to add that person as a defendant pursuant to Rule 15 of the Kentucky Rules of Civil Procedure and cause process to be issued for that person; or

(b) Institute a separate action against that person by filing a separate complaint. If the plaintiff elects to proceed under this subsection by filing a separate action, the complaint so filed shall not be considered an “original complaint initiating the suit” or “an amended complaint” for purposes of this paragraph.

(2) A cause of action brought pursuant to subsection (1) of this section shall not be barred by any statute of limitations.

(3) This section shall not:

(a) Shorten or lengthen the applicable statute of limitations for any cause of action, other than as provided in subsection (1) of this section; or

(b) Limit the right of any defendant to allege in an answer or amended answer that a person not a party to the suit caused or contributed to the injury for which the plaintiff seeks recovery.

(4) For purposes of this section, “person” means any individual or legal entity.

Full post as published by Garrett Worley's Blawg on June 18, 2008 (boomark / email).