UNOFFICIAL COPY 23 RS BR 470
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AN ACT relating to recovery of medical costs in tort actions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 411.182 is amended to read as follows: 3
(1) In all tort actions, including products liability actions, involving fault of more than 4
one (1) party to the action, including third-party defendants and persons who have 5
been released under subsection (4) of this section, the court, unless otherwise 6
agreed by all parties, shall instruct the jury to answer interrogatories or, if there is 7
no jury, shall make findings indicating: 8
(a) The amount of damages each claimant would be entitled to recover if 9
contributory fault is disregarded; and 10
(b) The percentage of the total fault of all the parties to each claim that is 11
allocated to each claimant, defendant, third-party defendant, and person who 12
has been released from liability under subsection (4) of this section. 13
(2) In determining the percentages of fault, the trier of fact shall consider both the 14
nature of the conduct of each party at fault and the extent of the causal relation 15
between the conduct and the damages claimed. 16
(3) The court shall determine the award of damages to each claimant in accordance 17
with the findings, subject to any reduction under subsections[subsection] (4) and 18
(5) of this section, and shall determine and state in the judgment each party's 19
equitable share of the obligation to each claimant in accordance with the respective 20
percentages of fault. 21
(4) A release, covenant not to sue, or similar agreement entered into by a claimant and 22
a person liable, shall discharge that person from all liability for contribution, but it 23
shall not be considered to discharge any other persons liable upon the same claim 24
unless it so provides. However, the claim of the releasing person against other 25
persons shall be reduced by the amount of the released persons' equitable share of 26
the obligation, determined in accordance with the provisions of this section. 27 UNOFFICIAL COPY 23 RS BR 470
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(5) A claim for medical or health care expenses shall be calculated to equal the 1
amounts owed to a claimant's health care providers less any contractual 2
adjustments required by the claimant's health care payer, adjustments made by 3
the health care provider, or adjustments required by federal or state law. 4