34-51-6-3. Enforcement of Right of Contribution; Time Limit
Sec. 3. (a) A railroad entity may enforce a right of contribution under this chapter in: (1) the original action brought against the railroad entity; or (2) a separate action brought for that purpose, if the original action is no longer pending. (b) If there is a judgment for damages against a railroad entity, the […]
34-51-6-4. Bifurcation of Original Claim
Sec. 4. (a) If a railroad entity enforces a right of contribution in the original action brought against the railroad entity under section 3(a)(1) of this chapter, the plaintiff in the original action may seek to bifurcate the plaintiff’s claim from the contribution claim of the railroad entity. (b) Upon the plaintiff’s motion for bifurcation, […]
34-51-6-5. No Right of Contribution of Liability Relating to Occupational Disease
Sec. 5. A defendant does not have a right of action of contribution against a third party under this chapter if liability in whole or in part relates to an occupational disease (as defined in IC 22-3-7-10). As added by P.L.107-2018, SEC.2.
34-51-5-1. Tax Consequences of Verdict
Sec. 1. In a tort action for personal injuries tried by a jury, the court shall, if requested, instruct the jury that the jury may not consider the tax consequences, if any, of its verdict. [Pre-1998 Recodification Citation: 34-4-35-1.] As added by P.L.1-1998, SEC.47.
34-51-6-1. Right of Contribution
Sec. 1. (a) A railroad entity subject to liability under the Federal Employers’ Liability Act (45 U.S.C. 51), including liability for a violation of the Safety Appliance Act (49 U.S.C. 20302 et seq.) or the Locomotive Inspection Act (49 U.S.C. 20701 et seq.), has a right of action for contribution against any other person or […]
34-51-6-2. Determination of Percentage of Fault; Amount of Damages
Sec. 2. (a) In an action brought under this chapter, a trier of fact shall determine each person’s: (1) percentage of fault; and (2) amount of damages consistent with the apportionment of fault under subdivision (1). (b) In an action brought under this chapter, legal requirements of causal relation apply to contributory fault. As added […]
34-51-3-4. Maximum Award of Damages
Sec. 4. A punitive damage award may not be more than the greater of: (1) three (3) times the amount of compensatory damages awarded in the action; or (2) fifty thousand dollars ($50,000). [Pre-1998 Recodification Citation: 34-4-34-4.] As added by P.L.1-1998, SEC.47.
34-51-3-5. Reduction of Excessive Damage Award
Sec. 5. If a trier of fact awards punitive damages that exceed the limitation under section 4 of this chapter, the court shall reduce the punitive damage award to not more than the greater of: (1) three (3) times the amount of compensatory damages awarded in the action; or (2) fifty thousand dollars ($50,000). [Pre-1998 […]
34-51-3-6. Payment and Allocation of Damages; Notification; Negotiation of Award; State’s Interest in Award
Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder of fact announces a verdict that includes a punitive damage award in a civil action, the party against whom the judgment was entered shall notify the office of the attorney general of the punitive damage award. (b) When a punitive damage award is […]
34-51-4-1. Applicability of Chapter to Tort Actions
Sec. 1. This chapter applies to any civil action arising out of tortious conduct. [Pre-1998 Recodification Citation: 34-4-37-3.] As added by P.L.1-1998, SEC.47.