AN ACT CONCERNING APPORTIONMENT OF LIABILITY IN A NEGLIGENCE ACTION AND ATTORNEY'S FEES IN AN ACTION OF FORECLOSURE OR UPON A BOND SUBSTITUTED FOR A MECHANIC'S LIEN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 52-102b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(c) No person who is immune from liability shall be made an apportionment defendant. [nor shall such] Such person's liability shall not be considered for apportionment purposes pursuant to section 52-572h. If a defendant claims that the negligence of any person, who was not made a party to the action, was a proximate cause of the plaintiff's injuries or damage and the plaintiff has previously settled or released the plaintiff's claims against such person, then a defendant may cause such person's liability to be apportioned by filing a notice specifically identifying such person by name and last known address and the fact that the plaintiff's claims against such person have been settled or released. Such notice shall also set forth the factual basis of the defendant's claim that the negligence of such person was a proximate cause of the plaintiff's injuries or damages. No such notice shall be required if such person with whom the plaintiff settled or whom the plaintiff released was previously a party to the action. Nothing in this section shall preclude a defendant from alleging that the negligence of any other person, including a person who is immune from liability under subsection (a) of section 31-284, was a substantial factor in causing the plaintiff's injuries or damages.

Sec. 2. Subsection (a) of section 52-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) The plaintiff in any action of foreclosure of a mortgage or lien, upon obtaining a judgment of foreclosure, [when there has been a hearing as to the form of judgment or the limitation of time for redemption, shall be allowed the same costs, including a reasonable attorney's fee, as if there had been a hearing on an issue of fact. The same costs and fees shall be recoverable as part of the judgment] shall be allowed costs and reasonable attorney's fees. A plaintiff who prevails in any action upon a bond which has been substituted for a mechanic's lien shall be allowed costs and reasonable attorney's fees.

Statement of Purpose:

To permit a defendant in a negligence action to allege that another person, including a person who is immune from liability under worker's compensation law, was a substantial factor in causing the plaintiff's injuries or damages, and to clarify provisions concerning the award of costs and attorney's fees in an action of foreclosure of a mortgage or lien or an action upon a bond which has been substituted for a mechanic's lien.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]