S.B. 212

Senate Floor Amendments

Amendment 5 March 11, 2013 1:51 PM

Senator John L. Valentine proposes the following amendments:

1.    Page 2, Lines 30 through 41 :    

             30          (2)
  (a)       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 one percentage point 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 in which the judgment is entered, and shall be computed as
             38      simple interest accruing during the period from the date 90 days after commencement of the
             39      lawsuit to the date entering the judgment.  
  Interest shall be calculated as of January 1 of the calendar year in which medical care is provided.

    (b) The injured person directly, or through a representative, shall provide written notice to each medical provider that the individual received treatment as a result of the tortious conduct of another person, corporation, association, or partnership. If notice is provided within 60 days of the first date of treatment from the medical provider, costs of the medical treatment may not carry interest on any unpaid portion of the medical bill that is greater than one percentage point above the prime rate as set forth in Subsection (2)(a).  

             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.

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