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Text: SF02276                           Text: SF02278
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2277

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 624.18, Code 1995, is amended to read
  1  2 as follows:
  1  3    624.18  DISTINCTION BETWEEN DEBT AND DESIGNATION AND
  1  4 CALCULATION OF DAMAGES.
  1  5    1.  In all actions where the plaintiff recovers a sum of
  1  6 money, the amount to which the plaintiff is entitled may be
  1  7 awarded the plaintiff by the judgment generally, without any
  1  8 distinction being therein made as to whether such sum is
  1  9 recovered by way of debt or damages.
  1 10    2.  In all personal injury actions where the plaintiff
  1 11 recovers a sum of money that, according to special verdict, is
  1 12 intended, in whole or part, to address the future damages of
  1 13 the plaintiff, that portion of the judgment that reflects the
  1 14 future damages shall be adjusted by the court to reflect the
  1 15 present value of the sum, if the finder of fact has not
  1 16 already adjusted the sum to reflect the present value.  The
  1 17 court may inquire of the jury whether the calculation of
  1 18 future damages reflects adjustment for present value.
  1 19    Sec. 2.  Section 668.3, subsection 8, Code 1995, is amended
  1 20 to read as follows:
  1 21    8.  In an action brought pursuant to this chapter the court
  1 22 shall instruct the jury to answer special interrogatories or,
  1 23 if there is no jury, shall make findings on each specific item
  1 24 of requested or awarded damages indicating that portion of the
  1 25 judgment or decree awarded for past damages and that portion
  1 26 of the judgment or decree awarded for future damages.  All
  1 27 awards of future damages shall be calculated according to the
  1 28 method set forth in section 624.18.  
  1 29                           EXPLANATION
  1 30    This bill specifies that calculations of future damages
  1 31 awarded in personal injury actions must be adjusted to reflect
  1 32 present value.  Future damages includes damages for such
  1 33 things as pain and suffering, loss of earning capacity, and
  1 34 ongoing care and other medical expenses to be incurred
  1 35 subsequent to the trial.  
  2  1 LSB 4133SS 76
  2  2 jls/jw/5
     

Text: SF02276                           Text: SF02278
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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