HB 3 — AN ACT relating to civil justice reform.

UNOFFICIAL COPY 20 RS BRHB 3923/GA AN ACT relating to civil justice reform.

(1) (a) As used in this section, "notice of non-party at possible fault" or "notice" means a notification provided by a party to a civil action, which discloses:

1.

The identity of a person or entity not currently or formerly named as a party who is alleged to be, or alleged to potentially be, wholly or partly at fault in the action;

2.

The last known location of the person or entity allegedly at fault;

and 3.

The facts supporting the allegation of possible fault.

(b) 1.

If the party which provided the notice learns that the notice was or has become materially incomplete or incorrect, and if the additional or corrective information has not otherwise been disclosed to the other parties through discovery or in writing, a notice of non-party at possible fault shall be supplemented or corrected by the party which provided the notice.

2.

The party which provided the notice shall supplement or correct the notice in a timely manner, but in no event later than thirty (30) days after that party learns or should have learned that the notice is materially incomplete or incorrect.

(2) Subsection (3) of this section shall apply when a plaintiff brings an original complaint or amends a complaint where comparative fault is or becomes an issue, if:

(a) 1.

The action involves any claim for personal injury or wrongful death, including uninsured and underinsured motorist claims;

or 2.

The action alleges a violation of the rights of a resident of a long- Page 1 of 7 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 392 term-care facility as those rights are specified in KRS 216.515 to 216.530;

(b) An initial notice of non-party at possible fault has been served on all other parties:

1.

No later than one hundred eighty (180) days after the filing of an answer to a complaint;

or 2.

More than one hundred eighty (180) days after the filing of an answer to a complaint if the late notice was approved by the court or arbitrator following a motion showing good cause, reasonable diligence, and lack of unfair prejudice to all other parties;

(c) If necessary, the notice has been supplemented or corrected as provided in subsection (1)(b) of this section;

and (d) The complaint was brought within the applicable statute of limitations.

(3) (a) Within ninety (90) days of a party serving an original, supplemented, or corrected notice of non-party at possible fault, the plaintiff may:

1.

Make a motion for leave of the court or arbitrator to amend the plaintiff's complaint to add that person as a defendant pursuant to Rule 15 of the Kentucky Rules of Civil Procedure, which shall be freely given when justice requires, and cause process to be issued for that person.

If the court or arbitrator has not ruled on the motion for leave to amend the complaint within the ninety (90) days provided in this subsection, an amended complaint filed pursuant to this paragraph shall still be considered timely so long as the amended complaint is filed within five (5) days of the entry of the court's or arbitrator's order granting the motion for leave to amend the complaint;

or 2.

Initiate a separate action against the non-party at possible fault by Page 2 of 7 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 392 filing a summons and complaint or by instituting an arbitration proceeding.

(b) If the plaintiff meets the requirements of paragraph (a) of this subsection, the filing of a motion to amend to add non-parties, the initiation of an arbitration proceeding, or the initiation of a separate action against non- parties shall relate back to the date of the original complaint and shall not be barred by any statute of limitations.

(4) This section shall not:

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

(b) Limit the right of any defendant to allege in an answer or amended answer any other defenses available to them under law;

or (c) Allow the trier of fact to allocate any percentage of fault to any person or entity not enumerated in KRS 411.182, except on stipulation of all the parties.

SECTION 2.

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

(b) "Presuit claims evaluation procedures" means the steps taken by claimants and prospective defendants under the claims process established in this section, after written notice is mailed to a prospective defendant according Page 3 of 7 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 392 to subsection (2) of this section, and before a claimant files suit on the claim in a court of law;

Page 1 of 4 HB000310.100 - 392 - XXXX GA UNOFFICIAL COPY 20 RS HB 3/GA 1.

Any and all claims and alleged injuries not identified in the notice that Page 4 of 7 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 392 could not have been discovered by the claimant through the exercise of reasonable due diligence at the time notice was sent.