Text: HF00026 Text: HF00028 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 668.17 MAXIMUM LIABILITY FOR 1 2 NONECONOMIC DAMAGES. 1 3 1. In a verdict issued pursuant to this chapter, that 1 4 portion of a verdict attributable to noneconomic damages 1 5 against any one defendant shall not exceed two hundred fifty 1 6 thousand dollars, except as otherwise provided pursuant to 1 7 subsections 4 and 5. 1 8 2. In an action pursuant to this chapter and tried to a 1 9 jury, and in which noneconomic damages are sought or argued, 1 10 the court shall, unless otherwise agreed to by all parties, 1 11 instruct the jury that the portion of a verdict attributable 1 12 to noneconomic damages against any one defendant shall not 1 13 exceed two hundred fifty thousand dollars. 1 14 3. In an action brought pursuant to this chapter and tried 1 15 to a jury, and in which noneconomic damages are sought or 1 16 argued, the court shall, unless otherwise agreed to by all 1 17 parties, require that the jury return a verdict itemizing the 1 18 injuries and damages awarded pursuant to the verdict. 1 19 4. In an action brought pursuant to this chapter and in 1 20 which noneconomic damages are awarded in the maximum amount 1 21 allowed pursuant to subsection 1, the claimant may petition 1 22 the court which heard the original action for a waiver of the 1 23 maximum limitation and for a granting of an increase in that 1 24 portion of the original verdict attributable to noneconomic 1 25 damages. A waiver of the maximum limitation and subsequent 1 26 increase in that portion of the original verdict attributable 1 27 to noneconomic damages is subject to the following 1 28 requirements: 1 29 a. A hearing shall first be granted at which all parties 1 30 may appear and present evidence and argument relating to a 1 31 waiver of the maximum limitation and subsequent increase in 1 32 the original verdict. 1 33 b. A waiver of the maximum limitation and subsequent 1 34 increase in the original verdict shall only be made upon a 1 35 determination that the portion of the original verdict 2 1 attributable to noneconomic damages is clearly insufficient 2 2 based upon the evidence presented to the court in the original 2 3 action and that the failure to waive the maximum limitation 2 4 would result in significant hardship for the claimant. 2 5 c. An increase in that portion of the original verdict 2 6 attributable to noneconomic damages must be consistent with 2 7 the percentages of fault and evidence as to total damages 2 8 determined in the original action. 2 9 5. The limitations on the amount recoverable for 2 10 noneconomic damages pursuant to this section shall be indexed 2 11 every two years on July 1 by rule of the commissioner of 2 12 insurance in proportion to the net change in the United States 2 13 city average consumer price index for all urban consumers 2 14 during the preceding twenty-four months. The supreme court 2 15 shall implement the biennial indexing by the issuance of rules 2 16 as necessary. 2 17 Sec. 2. Section 614.8, Code 1995, is amended to read as 2 18 follows: 2 19 614.8 MINORS AND MENTALLY ILL PERSONS. 2 20 The times limited for actions herein, except those brought 2 21 for penalties and forfeitures or for malpractice, shall be 2 22 extended in favor of minors and mentally ill persons, so that 2 23 they shall have one year from and after the termination of 2 24 such disability within which to commencesaidthe action. 2 25 EXPLANATION 2 26 This bill establishes a limitation on noneconomic damages 2 27 of $250,000 per defendant with instructions to that effect to 2 28 be given to the jury. Verdicts including awards for 2 29 noneconomic damages are to be itemized and the limitation may 2 30 be waived and exceeded on petition by the claimant after a 2 31 hearing is held on the issue of damages, if the failure to 2 32 waive would result in significant hardship for the claimant 2 33 because the portion of the verdict attributable to noneconomic 2 34 damages is clearly insufficient based upon the evidence 2 35 presented to the court in the original action, and any 3 1 increase is consistent with the percentages of fault and 3 2 evidence as to total damages determined in the original 3 3 action. 3 4 The bill also eliminates for malpractice actions, the 3 5 extension of the statute of limitations applicable to minors 3 6 and mentally ill persons. 3 7 LSB 1301HH 76 3 8 mj/jj/8
Text: HF00026 Text: HF00028 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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