§ 6-106.2
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/md/state-government/6-106-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§6–106.2.
(a)This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources of the State associated with the allision between the vessel known as the Dali and the Francis Scott Key Bridge on March 26, 2024.
(1)In this section the following words have the meanings indicated.
(2)“Proportionate share of liability” means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section.
(3)“Responsible person” means a person alleged to be liable in an action governed by this section.
(c)In an action governed by this section, the judge or jury shall:
(1)make a determination of the total liability, including damages, costs, and any other available relief;
(2)assign comparative responsibility to each party joined in the action, including all defendants, third–party defendants, intervenors, and any other named party, based on the party’s relative degree of fault or responsibility for the total liability; and
(3)if equity requires, determine the liability of a group of related persons on a collective basis.
(d)If the State has not obtained complete relief from a responsible person who has resolved the person’s liability to the State in a settlement of an action governed by this section, the State may:
(1)continue to pursue an action against any other responsible person who has not resolved the person’s liability to the State; or
(2)bring a new action against any other responsible person who has not resolved the person’s liability to the State.
(e)Notwithstanding any other provision of State law:
(1)the Maryland Uniform Contribution Among Joint Tort–Feasors Act under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this section;
(2)if a responsible person resolves the person’s liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and
(3)a settlement of an action governed by this section that resolves the liability of a responsible person:
(i)does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but
(ii)reduces the potential liability of all other responsible persons liable in whole or in part by the larger of:
1. the settling person’s proportionate share of liability; or
2. the amount the settling person pays to settle the action.
(f)This section may not be construed to:
(1)impair any express contractual rights;
(2)create new types of actions or claims;
(3)alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or
(4)grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.