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 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.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 6. Right of Contribution for Railroad Entities Liability Act
34-51-6-1. Right of Contribution
34-51-6-2. Determination of Percentage of Fault; Amount of Damages
34-51-6-3. Enforcement of Right of Contribution; Time Limit
34-51-6-4. Bifurcation of Original Claim
34-51-6-5. No Right of Contribution of Liability Relating to Occupational Disease