Chief Sponsor: Kay L. McIff

Senate Sponsor: Stephen H. Urquhart


8     Committee Note:
9          The Judiciary Interim Committee recommended this bill.
10     General Description:
11          This bill limits the amount of damages recoverable in certain personal injury actions.
12     Highlighted Provisions:
13          This bill:
14          ▸     limits the amount of damages recoverable in personal injury actions when the
15     injured person dies before judgment or settlement of causes unrelated to the action.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-3-107, as last amended by Laws of Utah 2014, Chapter 220

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-3-107 is amended to read:
26          78B-3-107. Survival of action for injury or death to person, upon death of
27     wrongdoer or injured person -- Exception and restriction to out-of-pocket expenses.

28          (1) (a) A cause of action arising out of personal injury to a person, or death caused by
29     the wrongful act or negligence of a wrongdoer, does not abate upon the death of the wrongdoer
30     or the injured person. The injured person, or the personal representatives or heirs of the person
31     who died, has a cause of action against the wrongdoer or the personal representatives of the
32     wrongdoer for special and general damages, subject to Subsection (1)(b).
33          (b) If, prior to judgment or settlement, the injured person dies as a result of a cause
34     other than the injury received as a result of the wrongful act or negligence of the wrongdoer,
35     the personal representatives or heirs of the person have a cause of action against the wrongdoer
36     or personal representatives of the wrongdoer for special and general damages which resulted
37     from the injury caused by the wrongdoer and which occurred prior to death of the injured party
38     from the unrelated cause. The general damages available under the circumstances described in
39     this Subsection (1)(b) may not exceed $100,000.
40          (c) If the death of the injured party from an unrelated cause occurs more than six
41     months after the incident giving rise to the claim for damages, the claim shall be limited to
42     special damages unless, prior to the injured party's death:
43          (i) written notice of intent to hold the wrongdoer responsible has been mailed to or
44     served upon the wrongdoer or the wrongdoer's insurance carrier or the uninsured motorist
45     carrier of the injured party, and proof of mailing or service can be produced upon request; or
46          (ii) a claim for damages against the wrongdoer or against the uninsured motorist carrier
47     of the injured party is the subject of ongoing negotiations between the parties or persons
48     representing the parties or their insurers.
49          (d) A subsequent claim against an underinsured motorist carrier for which the injured
50     party was a covered person is not subject to the notice requirement described in Subsection
51     (1)(c).
52          [(e) In no event shall the general damage award exceed $100,000 regardless of
53     available liability, uninsured or underinsured motor vehicle coverage.]
54          (2) Under Subsection (1) neither the injured person nor the personal representatives or
55     heirs of the person who dies may recover judgment except upon competent satisfactory
56     evidence other than the testimony of the injured person.
57          (3) This section may not be construed to be retroactive.

Legislative Review Note
     as of 11-20-14 3:57 PM

Office of Legislative Research and General Counsel