C.__That cross-claims against the settling defendant are severed for a separate trial.

Sec. 5. Application. The Maine Revised Statutes, Title 14, sections 182, 183 and 184 apply to causes of action that accrue after the effective date of this Act. Title 14, sections 185 and 186 relating to contribution apply to all rights of contribution that accrue after the effective date of this Act. Title 14, sections 187 and 188 relating to settlement apply to all settlements that are entered into after the effective date of this Act.

SUMMARY

This bill restructures the comparative negligence laws and defines how they should apply in cases with multiple defendants.

The bill also restructures the laws dealing with release of joint tortfeasors when settlement is not reached and clarifies how the judge applies offsets against subsequent verdicts when there have been prejudgment settlements.

The bill also authorizes the courts to approve Pierringer release procedures in complex litigation. In a Pierringer settlement, the plaintiff gives up that share of recovery that is proportional to the settling defendant's fraction of responsibility. The purpose of a Pierringer release is to permit one defendant to settle with the plaintiff and to withdraw finally from the suit even when there are cross-claims against the defendant.

The bill contains safeguards to protect nonsettling parties from being prejudiced by the absence of the settling defendant. It also authorizes the court, for good cause shown, to enter special orders to alter or suspend the terms of the release if justice requires.