NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 620

SENATE BILL 665

 

 

AN ACT CONCERNING CONTRIBUTION AMONG JOINT TORT-FEASORS AS TO RAIL COMMON CARRIER EMPLOYEES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 1B-1 is amended by adding a new subsection to read:

"(i)        The provisions of this Article shall apply to the injury or death of an employee of any common carrier by rail which is subject to the provisions of Chapter 2 of Title 45 of the United States Code (45 U.S.C. § § 51, et seq.) or G.S. 62-242 where such injury or death is caused by the joint or concurring negligence of such common carrier by rail and any other person or persons. In any such instance, the following will apply:

(1)        where liability is imposed or sought to be imposed only on such common carrier by rail, the railroad is entitled to contribution from any other such person or persons;

(2)        where liability is imposed or sought to be imposed only on a person or persons other than a common carrier by rail, such other person or persons are entitled to contribution from the railroad;

(3)        where liability is imposed or sought to be imposed on both a common carrier by rail and any other person or persons, damages shall be determined as provided in Chapter 2 of Title 45 of the United States Code (45 U.S.C. § § 51, et seq.) or G.S. 62-242 whichever controls the claim."

Sec. 2.  This act shall become effective October 1, 1979.

In the General Assembly read three times and ratified, this the 21st day of May, 1979.