First Substitute H.B. 118

This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 10, 2014 at 12:55 PM by lpoole. --> This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 13, 2014 at 11:47 PM by lpoole. -->

Representative Kay L. McIff proposes the following substitute bill:

1 PERSONAL INJURY DAMAGES AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kay L. McIff
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a cause of action for personal injury damages.
10 Highlighted Provisions:
11 This bill:
12 S. S. [ [ ] . provides for a limit of $100,000 in general damages collected in personal injury
13 cases related to a wrongful act or negligence; [ ] ] .S .S
14 . requires notice be mailed to or served upon a person or party believed to be at fault
15 for personal injury S. S. [ [ ] ; and [ ] . ] .S .S
16 S. S. [ [ ] . exempts an uninsured motorist from general damage awards over $100,000 under
17 certain circumstances. [ ] ] .S
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78B-3-107 , as last amended by Laws of Utah 2009, Chapter 293
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-3-107 is amended to read:
28 78B-3-107. Survival of action for injury or death to person, upon death of
29 wrongdoer or injured person -- Exception and restriction to out-of-pocket expenses.
30 (1) (a) A cause of action arising out of personal injury to a person, or death caused by
31 the wrongful act or negligence of [another] a wrongdoer, does not abate upon the death of the
32 wrongdoer or the injured person. The injured person, or the personal representatives or heirs of
33 the person who died, has a cause of action against the wrongdoer or the personal
34 representatives of the wrongdoer for special and general damages, subject to Subsection (1)(b).
35 (b) If, prior to judgment or settlement, the injured person dies as a result of a cause
36 other than the injury received as a result of the wrongful act or negligence of the wrongdoer,
37 the personal representatives or heirs of the person have a cause of action against the wrongdoer
38 or personal representatives of the wrongdoer for special [damages,] and general damages [not
39 to exceed $100,000,] which resulted from the injury caused by the wrongdoer and which
40 occurred prior to death of the injured party from the unrelated cause. S. S. [ [ ] General damages
40a may not
41 exceed $100,000. [ ] ] .S .S
42 (c) If the death of the injured party from an unrelated cause occurs more than six
43 months after the incident giving rise to the claim for damages, the claim shall be limited to
44 special damages unless, prior to the [expiration of the six months,] injured party's death:
45 (i) written notice of intent to hold the wrongdoer responsible has been [given or]
46 mailed to or served upon the wrongdoer or the wrongdoer's insurance carrier or the uninsured
47 motorist carrier of the injured party, and proof of mailing or service can be produced upon
48 request; or
49 (ii) a claim for damages against the wrongdoer or against the uninsured motorist carrier
50 of the injured party is the subject of ongoing negotiations between the parties or persons
51 representing the parties or their insurers.
52 (d) A subsequent claim against an underinsured motorist carrier for which the injured
53 party was a covered person is not subject to the notice requirement described in Subsection
54 (1)(c).
55 S. S. [ [ ] (e) In no event shall the general damage award exceed $100,000 regardless of
55a available
56 liability, uninsured or underinsured motor vehicle coverage. [ ] ] .S .S

57 (2) Under Subsection (1) neither the injured person nor the personal representatives or
58 heirs of the person who dies may recover judgment except upon competent satisfactory
59 evidence other than the testimony of the injured person.
60 (3) This section may not be construed to be retroactive.