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 […]
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 […]
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 […]
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, […]
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.
