NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 587

SENATE BILL 565

AN ACT TO PERMIT THE STATE TO BE INTERPLED IN TORT ACTIONS.

The General Assembly of North Carolina enacts:

Section 1.  Section 1 of Chapter 1A of the North Carolina General Statutes is hereby amended by adding a new subsection (c) to Rule 14 of the "Rules of Civil Procedure" to read as follows:

"§ 1A-1, Rule 14(c).  Rule applicable to State of North Carolina. — Notwithstanding the provisions of the Tort Claims Act, the State of North Carolina may be made a third party plaintiff under subsection (a) or a third party defendant under subsection (b) in any tort action. In such cases, the same rules governing liability and the limits of liability of the State and its agencies shall apply as is provided for in the Tort Claims Act."

Sec. 2.  G.S. 1B-1 is hereby amended by adding a new subsection to be lettered subsection (i) and to read as follows:

"§ 1B-I(i).  The provisions of this Article shall apply to tort claims against the State. However, in such cases, the same rules governing liability and the limits of liability shall apply to the State and its agencies as in cases heard before the Industrial Commission. The State's share in such cases shall not exceed the pro rata share based upon the maximum amount of liability under the Tort Claims Act."

Sec. 3.  This act shall not affect pending litigation.

Sec. 4.  This act shall become effective on July 1, 1975.

In the General Assembly read three times and ratified, this the 13th day of June, 1975.