Text: HF02244 Text: HF02246 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 624.18, subsection 3, Code Supplement 1 2 1997, is amended to read as follows: 1 3 3. a. In a civil action in which liability is admitted or 1 4 established according to special verdict, the present value of 1 5 the damages awarded for noneconomic losses incurred or to be 1 6 incurred in the future by the plaintiff by reason of personal 1 7 injury or death shall not exceed two hundred fifty thousand 1 8 dollars. As used in this section, "noneconomic losses" 1 9 includes but is not limited to pain and suffering, mental 1 10 anguish, emotional distress, humiliation, loss of consortium, 1 11 lost opportunity, loss of expectations, and punitive or 1 12 exemplary damages. 1 13 b. In an action tried to a jury where damages for 1 14 noneconomic losses are sought, the court shall submit an 1 15 instruction to the jury that the maximum allowable award for 1 16 noneconomic losses in a case of the most egregious nature is 1 17 two hundred fifty thousand dollars, and that damages for 1 18 noneconomic losses shall be awarded accordingly. A separate 1 19 interrogatory verdict shall be submitted for damages for 1 20 noneconomic losses unless waived by all parties. 1 21 4. Under no circumstances shall there be a reduction to 1 22 present value more than one time by either the trier of fact 1 23 or the court. 1 24 EXPLANATION 1 25 This bill adds a subsection to Code section 624.18 1 26 pertaining to designation and calculation of damages. The new 1 27 subsection would limit damages for noneconomic losses to 1 28 $250,000, and defines "noneconomic losses". The new 1 29 subsection would also require a special interrogatory and 1 30 instructions in a jury trial where noneconomic losses are 1 31 claimed. 1 32 LSB 3801HH 77 1 33 jls/jl/8
Text: HF02244 Text: HF02246 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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