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H.B. 13 Enrolled

                 

RECOVERY OF SPECIAL DAMAGES FOR INJURIES

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: A. Lamont Tyler

                  This act modifies the Judicial Code to define special damages and clarify the circumstances
                  under which they may be recovered in certain actions.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      78-11-12, as last amended by Chapter 113, Laws of Utah 1991
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 78-11-12 is amended to read:
                       78-11-12. Survival of action for injury to person or death upon death of wrongdoer
                  or injured person -- Exception and restriction to out-of-pocket expenses.
                      (1) (a) Causes of action arising out of personal injury to the person or death caused by the
                  wrongful act or negligence of another do not abate upon the death of the wrongdoer or the injured
                  person. The injured person or the personal representatives or heirs of the person who died have
                  a cause of action against the wrongdoer or the personal representatives of the wrongdoer for
                  special and general damages, subject to Subsection (1)(b).
                      (b) If prior to judgment or settlement the injured person dies as a result of a cause other
                  than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal
                  representatives or heirs of that person [are entitled to receive no more than the out-of-pocket
                  expenses incurred by or on behalf of that injured person as the result of his injury] have a cause
                  of action against the wrongdoer or personal representatives of the wrongdoer only for special
                  damages occurring prior to death that result from the injury caused by the wrongdoer, including
                  income loss. "Special damages" does not include pain and suffering, loss of enjoyment of life, and
                  other not readily quantifiable damages frequently referred to as general damages.
                      (2) Under Subsection (1) neither the injured person nor the personal representatives or
                  heirs of the person who died may recover judgment except upon competent satisfactory evidence
                  other than the testimony of that injured person.


                 

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