Indiana Code 34-51-6-3. Enforcement of right of contribution; time limit
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Sec. 3. (a) A railroad entity may enforce a right of contribution under this chapter in:
(2) a separate action brought for that purpose, if the original action is no longer pending.
(1) the original action brought against the railroad entity; or
Terms Used In Indiana Code 34-51-6-3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) If there is a judgment for damages against a railroad entity, the railroad entity must bring an action for contribution not later than one (1) year after the judgment is final:
(1) by lapse of time for appeal; or
(2) after appellate review.
(c) If there is no judgment for damages against a railroad entity, any separate action by the railroad entity to enforce contribution is barred, unless the railroad entity:
(1) discharges the liability by settlement; and
(2) starts the action for contribution not later than one (1) year after the railroad entity’s payment of damages.
As added by P.L.107-2018, SEC.2.