S.B. 212

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 11, 2013 at 8:27 PM by lpoole. --> 1

JUDICIAL CODE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Daniel McCay
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to interest accrued in personal injury judgments.
10 Highlighted Provisions:
11 This bill:
12 . amends the rate calculation for prejudgment interest accrued in personal injury
13 judgments.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 78B-5-824, as last amended by Laws of Utah 2009, Chapter 276
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78B-5-824 is amended to read:
24 78B-5-824. Personal injury judgments -- Interest authorized.
25 (1) In all actions brought to recover damages for personal injuries sustained by any
26 person, caused by the negligence or willful intent of another person, corporation, association,
27 or partnership, and whether the injury was fatal or otherwise, the plaintiff in the complaint may

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Senate 2nd Reading Amendments 3-11-2013 lp/ecm 28 claim interest on special damages actually incurred [from the date of the occurrence of the act
29 giving rise to the cause of action].
30 (2) It is the duty of the court, in entering judgment for plaintiff in that action, to add to
31 the amount of special damages actually incurred that are assessed by the verdict of the jury, or
32 found by the court, prejudgment interest on that amount [calculated at 7.5% simple interest per
33 annum, from the date of the occurrence of the act giving rise to the cause of action to the date
34 of entering the judgment,] and to include it in that judgment. The court shall calculate
35 prejudgement interest using a per annum rate, which is S. [ one ] two .S percentage S. [ point ]
35a points .S above the prime
36 rate, as published by the board of governors of the federal reserve system on the first business
37 day in January of the calendar year S. in which the plaintiff is first treated. [ in which the
37a judgment is entered, ] [ and ] The prejudgment interest rate applied may not be above 10 percent
37b nor below 5 percent. The prejudgment interest .S shall be computed as
38 simple interest accruing during the period from the date S. [ 90 days after commencement of the
39 lawsuit ] the plaintiff is first treated .S to the date S. [ entering ] on which .S the judgment
39a S. is entered .S .
40 (3) As used in this section, "special damages actually incurred" does not include
41 damages for future medical expenses, loss of future wages, or loss of future earning capacity.
S. (4) This section applies to injuries that occur after May 14, 2013. .S

Legislative Review Note
as of 2-15-13 8:13 AM

Office of Legislative Research and General Counsel

[Bill Documents]