First Substitute H.B. 294

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 24, 2009 at 12:18 PM by jeyring. -->

Representative Kay L. McIff proposes the following substitute bill:

1 SURVIVAL ACTION UPON INJURY OR
2 DEATH
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kay L. McIff
6 Senate Sponsor: Michael G. Waddoups
7
8 LONG TITLE
9 General Description:
10 This bill allows the heirs of a person injured by a wrongful act to receive from the
11 wrongdoer, as part of a settlement or judgment, specific types of damages.
12 Highlighted Provisions:
13 This bill:
14 . allows heirs of a person injured by a wrongdoer to receive damages; and
15 . sets parameters for claims when a person dies from a cause unrelated to the
16 wrongdoer.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78B-3-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 78B-3-107 is amended to read:
27 78B-3-107. Survival of action for injury to person or death upon death of
28 wrongdoer or injured person -- Exception and restriction to out-of-pocket expenses.
29 (1) (a) A cause of action arising out of personal injury to a person, or death caused by
30 the wrongful act or negligence of another, does not abate upon the death of the wrongdoer or
31 the injured person. The injured person, or the personal representatives or heirs of the person
32 who died, has a cause of action against the wrongdoer or the personal representatives of the
33 wrongdoer for special and general damages, subject to Subsection (1)(b).
34 (b) If, prior to judgment or settlement, the injured person dies as a result of a cause
35 other than the injury received as a result of the wrongful act or negligence of the wrongdoer,
36 the personal representatives or heirs of the person have a cause of action against the wrongdoer
37 or personal representatives of the wrongdoer [only] for special H. damages, .H and
37a general damages H. not to exceed $100,000, .H [occurring
38 prior to death] which resulted from the injury caused by the wrongdoer[, including income
39 loss] and which occurred prior to death of the injured party from the unrelated cause.
40 [(c) "Special damages" does not include pain and suffering, loss of enjoyment of life,
41 and other not readily quantifiable damages frequently referred to as general damages.]
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, written notice of intent to
45 hold the wrongdoer responsible has been given or is the subject of ongoing negotiations
46 between the parties or persons representing the parties or their insurers.
47 (2) Under Subsection (1) neither the injured person nor the personal representatives or
48 heirs of the person who dies may recover judgment except upon competent satisfactory
49 evidence other than the testimony of the injured person.
50 (3) This section may not be construed to be retroactive.