House of Representatives
State of Utah
Mr. Speaker:
The Business and Labor Committee reports a favorable recommendation on H.B. 192,
PERSONAL INJURY JUDGMENT INTEREST, by Representative J. Dunnigan, with the following
amendments and recommends it be placed on the Consent Calendar.
action
{
Respectfully,
James A. Dunnigan
1. Page
1, Lines 9 through 17
:
9
This bill amends the
date that a plaintiff may claim
}
the
interest
rate
on
{
special
}
personal injury
damages
{
, and
10
defines interest as simple interest and not compounded interest
}
.
11
Highlighted Provisions:
12
This bill:
13
. requires interest accrued on special damages to be simple interest, not
compound
14
interest; and
}
15
. changes the
date from which
}
rate of
interest
{
is accrued for
special damages from the date of
16
the occurrence of the act giving rise to the cause of the action to the date that the
17
damage was actually incurred.
}
2. Page
2, Lines 28 through 44
:
28
78B-5-824. Personal injury judgments -- Interest authorized.
29
(1) In all actions brought to recover damages for personal injuries sustained by any
30
person, [resulting from or occasioned by the tort of any other person, corporation,
association,
31
or partnership, whether by] caused by the negligence or willful intent of [that other]
another
32
person
[
}
, corporation, association, or partnership
{
]
}
{
or entity
}
, and
whether the injury was fatal or
33
otherwise, the plaintiff in the complaint may claim interest on special damages actually
34
incurred
[
}
from the date of the occurrence of the act giving rise to the cause of
]
}
.
35
(2) It is the duty of the court, in entering judgment for plaintiff in that action, to add
to
36
the amount of special damages actually incurred that are assessed by the verdict of the
jury, or
37
found by the court, prejudgment interest on that amount calculated at
the legal rate,
as defined
38
in Section
15-1-1
}
[
}
from the date of
the occurrence of the act giving rise to the cause of action
39
to the date of entering the judgment,
]
}
and to include it in that judgment.
40
(3) Interest claimed on any special damage shall be computed from the date
the damage
41
was actually incurred.
42
(4) Interest under Subsections (1) and (2) shall be simple and not
compounded.
}
43
[
}
(3)
{
]
}
{
(5)
}
As used in this section, "special damages actually
incurred" does not include
44
damages for future medical expenses, loss of future wages, or loss of future earning
capacity.
Committee Chair
Voting: 14-0-0
4 HB0192.HC1.wpd 2/24/09 7:19 am phildean/AMN ECM/JDH
Bill Number