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First Substitute H.B. 294

Representative Kay L. McIff proposes the following substitute bill:





Chief Sponsor: Kay L. McIff

Senate Sponsor: Michael G. Waddoups

             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
             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 and general damages [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.

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