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SB 0182 - Torts; asbestos/silica claims; change provisions

Tracking Level: Passed
Sponsor: Wiles,John 37th
Last Action: 4/30/2007 - Senate Date Signed by Governor
Senate Committee: JUDY
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
TortNext Bill

Staff Analysis of the Legislation

Amend Title 51.  Relating to torts.  This bill would change provisions relating to asbestos claims and silica claims.  This bill provides that Prima-facie evidence of physical impairment of the exposed person shall be an essential element of an asbestos claim or a silica claim.  Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making as asbestos claim or silica claim based on the exposed person�s exposure to asbestos or silica, obtains, or through the exercise of reasonable diligence should have obtained, prima-facie evidence of physical impairment.  Any asbestos claim or silica claim pending in Georgia on May 1, 2007 shall be dismissed within 180 days after May 1, 2007, without prejudice unless all parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment or the court issues an order that the plaintiff has established prima-facie evidence.  The plaintiff in any asbestos claim or silica claim filed in Georgia on or after May 1, 2007 shall file with the complaint a medical report setting forth the medical findings necessary to establish prima-facie evidence of physical impairment.  Within 90 days of service of plaintiff�s complaint, any defendant may file an opposition with the trial court challenging plaintiff�s prima-facie evidence of physical impairment.  The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the court.  A decision made by the court not to grant a hearing may not be appealed and does not constitute reversible error.  If the court determines that the plaintiff has failed to establish prima-facie evidence, it shall dismiss the plaintiff�s complaint without prejudice.  All claims filed on or after May 1, 2007 shall include a sworn information form containing the information on page 17 lines 16 through 36 and page 18, lines 1 and 2 of the bill.  A civil action alleging an asbestos claim or silica claim may only be brought or maintained in Georgia if the plaintiff, whether a citizen of Georgia or a another state, is a resident of Georgia at the time of filing the action or the exposure on which the claim is based occurred in Georgia.  Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007 shall be governed by this chapter.


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