LRBa2205/1
PJH:jld:jm
2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 19
March 20, 2014 - Offered by Representatives Hebl, Goyke, Wachs and Hulsey.
AB19-SSA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB19-SSA1-AA1,1,2 21. Page 5, line 3: delete lines 3 to 15 and substitute:
AB19-SSA1-AA1,1,5 3"(6) Damages. (a) Notwithstanding s. 895.045, a defendant that is not an
4asbestos trust and that is found to be causally negligent in an action subject to this
5section shall be jointly and severally liable for the damages allowed.
AB19-SSA1-AA1,1,116 (b) A defendant that is found jointly and severally liable under this section may
7request a postjudgment hearing to determine the total amount of payment the
8plaintiff received, before the judgment was entered against the defendant, from one
9or more asbestos trusts. The defendant may receive a dollar for dollar credit for
10payments already received by the plaintiff from the asbestos trust only if the plaintiff
11is made whole by the judgment against the defendant.
AB19-SSA1-AA1,2,6
1(c) A defendant that is found jointly and severally liable under this section may
2request a postjudgment hearing to determine whether, before the judgment was
3entered against the defendant, the plaintiff had any unpaid claims pending against
4one or more asbestos trusts. The court may order the plaintiff to assign to the
5defendant his or her rights to the unpaid claims only if the plaintiff is made whole
6by the judgment against the defendant.
AB19-SSA1-AA1,2,107 (d) If the court orders assignment under par. (c), the plaintiff shall cooperate
8with, and assist the defendant in, obtaining the amounts due from each asbestos
9trust, according to the distribution process provided under each asbestos trust's trust
10governance documents.
AB19-SSA1-AA1,2,1611 (e) If the court orders assignment under par. (c), each claim the defendant files
12pursuant to the assignment shall be treated as if the plaintiff submitted the claims
13for any purpose under the terms, conditions, and provisions of the trust claim
14procedures. Upon assignment of his or her claim under par. (c), the plaintiff is not
15responsible for any costs associated with making or providing the claim against the
16asbestos trust.".
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