SB 477 — Victims' Fair Treatment Act.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA AprSESSION 1, 2021 S.B.S 1 SENATE BILL 477 Short Title:

477 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS35177-TG-1 Short Title:

Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE VICTIMS' FAIR TREATMENT ACT.

*DRS35177-TG-1**S477-v-1* General Assembly Of North Carolina Session 2021 (c) In a jury trial, the court shall instruct the jury regarding the legal effect of its answers to interrogatories, made pursuant to G.S.

(c) The court shall determine the extent to which the responsibility of one party, which is based on the act or omission of another party, warrants that the parties be treated as a single partyforthepurposeofsubmittinginterrogatories tothejuryormakingfindingsundersubsectiontothejuryormakingfindingsunder subsection (a) of this section.

If any party to whom reallocation has been made holds a secured position with regard to the share reallocated, each partypartyto to whom reallocation has been made has a proportionate share in the secured position.

Any amount recovered under this subsection from a party whose liability Page 2 DRS35177-TG-1Senate Bill 477-First Edition General Assembly Of North Carolina Session 2021 has been reallocated must be distributed to each of the parties to whom the reallocation was made in the same proportion as the original reallocation.

(2) If a party is adjudged liable for failing to prevent another party from intentionally causing personal injury to, or harm to property of, the claimant, the court shall enter judgment jointlyjointlyand andseverallyagainst severally against the parties for their combined shares of responsibility.

(4) If a statute of this State, other than this Chapter, so requires, the court shall enter judgment jointlyjointlyand andseverallyor severally or otherwise conform the judgment to the statute.

A party against which contribution is sought is not liable for more than the monetarymonetaryamount amount of the party's several share of responsibility determined pursuant to G.S.

DRS35177-TG-1Senate Bill 477-First Edition Page 3 General Assembly Of North Carolina Session 2021 "§ 1H-35.

(a) A release, covenant not to sue, covenant not to execute a judgment, or similar agreement by a claimant and person subject to liability discharges the person from liabilityliabilityto to the claimant to the extent provided in the agreement and from liability for contribution to any other person subject to liability to the claimant for the same injury or harm.

(1) The likelihood of success bybythe the claimant at trial against the settling defendant or defendants.

(d) If the court determines that the amount of the proposed settlement involves payment of all funds that reasonablyreasonablycould could be collected from the settling party or parties, then the claimant may proceed with the proposed settlement.

If a judgment is entered against the nonsettling defendant or defendants that exceeds the amount of all settlements between the claimant and settling defendants, the claimant shall be entitled to recover the amount of the verdict from the Page 4 DRS35177-TG-1Senate Bill 477-First Edition General Assembly Of North Carolina Session 2021 nonsettling defendant or defendants, less the amount of all settlements with settling defendants.

If a judgment is entered in favor of a claimant against nonsettling defendants that is less than the amount ofall settlementsbetween theclaimantand settlingsettlingdefendants, defendants, theclaimant shall recover nothing from nonsettling defendants.

DRS35177-TG-1Senate Bill 477-First Edition Page 5 General Assembly Of North Carolina Session 2021 "§ 99B-1.1.

Page 6 DRS35177-TG-1Senate Bill 477-First Edition