Liability for gross negligence or willful misconduct
Sec. 2. A person described in section 1 of this chapter is not
immune from civil liability if the damages resulting from the
provision of the health care services resulted from the person's gross
negligence or willful misconduct.
As added by P.L.1-1998, SEC.26.
&DNM.IC 34-55-13
&YENC.
&YAMD.
Chapter 13. Collection of Judgments Against Railroad Companies
&DNM.IC 34-55-13-1
&YENC.1998
&YAMD.1998
Unpaid judgment; writs directed to agent or employee
IC 34-55-13-1 Sec. 1. (a) Whenever any judgment rendered in any
court against any railroad company owning or operating a line of
railroad in or running into or through Indiana remains unpaid for one
(1) year after the rendition of the judgment, exclusive of the time
execution of the judgment is stayed by appeal or supersedeas, the
owner of the judgment may file a complaint against the railroad
company alleging such facts and cause summons to be issued on the
complaint as in other civil cases.
(b) When summons has been served on the railroad company
defendant at least ten (10) days before the first day of the term of court
at which the complaint is to be heard, the court shall order a writ to
issue, directed to the sheriff of the proper county, for any agent,
conductor, or employee of the railroad company, or of the lessee,
receiver, or assignee of the company, named in the motion, to:
(1) appear immediately or at such time as the court may direct;
and
(2) answer upon oath as to the:
(A) amount of money in the person's hands, if any, belonging
to the company or to the assignee, lessee, or receiver; and
(B) probable amount of money receivable by the agent,
conductor, or employee belonging to the railroad company,
lessee, assignee, or receiver.
(c) If the agent, conductor, or employee answers that one (1) or
more of them have any money belonging to the company or to the
assignee, lessee, or receiver or that they are in the constant receipt of
money as agent, conductor, or employee, the court shall order the
agent, conductor, or employee to pay into the clerk's office of the court,
at such times as named by the court, the portions of the money so held
or receivable, not exceeding fifty percent (50%) of the amount, as may
be determined just by the court until the judgment and costs are fully
paid and satisfied.
(d) This section does not affect the liens of laborers or the priority
of claims and judgments of laborers, employees, and materialmen.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-13-2
&YENC.1998
&YAMD.1998
Certain laws unaffected
IC 34-55-13-2 Sec. 2. This chapter (and IC 34-2-23 before its
repeal) are not intended to repeal any law or part of law in effect on
April 27, 1899, in relation to the collection of judgments against
railroad companies.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006