SCS/SB 788 - This act allows a seller, who is a defendant based solely on status as a seller in the stream of commerce, to be conditionally released from a products liability claim if another defendant, including the manufacturer, is properly before the court. A motion to be released may be any time before the submission of evidence.

The order of release shall provide that the manufacturer will present a defense on the part of themselves and the released defendant, that the manufacturer will be liable to the plaintiff should a judgment be rendered in favor of the plaintiff, and the manufacturer shall indemnify the released defendant for losses and expenses, including attorney fees if the manufacturer fails to satisfy any judgment in favor of the plaintiffs. Such order shall not preclude the defendants from presenting a defense, prior to entry of an interlocutory judgment.

A released defendant shall still be a party to the case, but shall not be required to present a defense to avoid a default judgment.

The plaintiff would still be allowed to collect from a released defendant if they are unable to collect from the manufacturer.
CHARLES HATCHER