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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