Enforcement of Right of Contribution; Time Limit

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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.


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