Bill Summary for S 470 (2017-2018)

Summary date: 

Apr 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 470 (Public) Filed Wednesday, March 29, 2017
AN ACT AMENDING RULE 26 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE RELATING TO DISCOVERY IN BANKRUPTCY TRUST PERSONAL INJURY CLAIMS.
Intro. by Lee, Brown, B. Jackson.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 1A-1 (Rule 26) by deleting the proposed additions that entitled a defendant to a setoff or credit in the amount the plaintiff has been awarded or is reasonably expected to be awarded from a bankruptcy trust, and that presumed bankruptcy trust claims materials are presumed to be relevant and authentic and are admissible in evidence in the civil action.

Adds a section amending GS 1B-4 by adding that when a release or a covenant not to sue or not to enforce judgment is given in good faith to a person liable in tort for the same injury or the same wrongful death, it reduces the claim against the others to the extent of any amount stipulated by the release or covenant, or in the amount of the consideration paid for it, including the amount of any money awarded or, for a case not stayed under GS 1-75.12(b), reasonably expected to be awarded from a bankruptcy trust, whichever is greater (was, the reduction was limited to the greater of the extent of any amount stipulated by the release or the covenant or the amount of the consideration paid for it).

Enacts new Rule 415 in Article 4 of GS Chapter 8C, creating a rebuttable presumption in any civil action asserting personal injury claiming disease based on exposure to asbestos, that bankruptcy trust claims materials are relevant, authentic, and admissible in evidence in the civil action.

Amends GS 1-75.12 by adding that in any civil action asserting personal injury claiming disease based upon exposure to asbestos, if a defendant has a reasonable belief that the plaintiff can file additional bankruptcy trust claims, the court, on motion of the defendant, can enter an order to stay the action until the plaintiff files that bankruptcy trust claim and the claim is addressed by the bankruptcy trust. Makes conforming changes.

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