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S 0282 - Makes several changes to the Tort Claims Act

Tracking Level: Of Interest
Sponsor: Shane Massey (R)
Last Action: 2/20/2015 - Senate - Referred to Subcommittee: Massey (ch), Coleman, Gregory
Senate Committee:
Assigned To:
Tort ReformNext Bill

Staff Analysis of the Legislation

02.16.2016 The Senate Judiciary Committee recommitted this bill back to the subcommittee.
02.09.2016 The Senate Judiciary Committee carried this bill over.
02.02.2016 The Senate Judiciary Committee carried this bill over.
01.26.2016 The Senate Judiciary Committee carried this bill over.
05.12.2015 The Senate Judiciary Committee did not take action on this bill although it was on the agenda.
04.28.2015 The Senate Judiciary Committee carried this bill over.
04.21.2015 The Senate Judiciary Committee carried this bill over.
04.14.2015 The Senate Judiciary Committee carried this bill over.
03.19.2015 A Senate Judiciary subcommittee gave his bill a favorable report.
Summary of the bill as introduced: Makes several changes to the Tort Claims Act including changes to the medical malpractice language and defective product language.

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Session 121 - (2015-2016)Printer Friendly
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S 0282 General Bill, By Massey
Similar (S 0529)
Summary: Noneconomic damages limit
    A BILL TO AMEND SECTION 15-32-220 OF THE 1976 CODE, RELATING TO NONECONOMIC DAMAGES LIMIT, TO PROVIDE FOR PERSONAL INJURY ACTIONS AGAINST DEFENDANTS AND TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 32, TITLE 15, RELATING TO DAMAGES, BY ADDING SECTION 15-32-250, TO PROVIDE FOR PLEADINGS IN CLAIMS FOR PUNITIVE DAMAGES; BY ADDING SECTION 15-32-260, TO PROVIDE FOR BIFURCATED TRIALS FOR AWARD OF DAMAGES; BY ADDING SECTION 15-32-270, TO LIMIT PUNITIVE DAMAGES; AND BY ADDING SECTION 15-35-280, TO PROVIDE RESTRICTIONS FOR AWARDING PUNITIVE DAMAGES; TO AMEND THE 1976 CODE, BY ADDING ARTICLE 8 TO CHAPTER 23, TITLE 58, SO AS TO ESTABLISH THE CDL DRIVER EMPLOYMENT PROTECTION ACT WHICH PROVIDES THAT CIVIL LIABILITY CLAIMS MADE AGAINST AN EMPLOYER OF A PERSON WHO HOLDS A VALID COMMERCIAL DRIVER'S LICENSE BASED ON ANY THEORY OF NEGLIGENT HIRING, TRAINING, RETENTION, OR ENTRUSTMENT MUST BE CONSIDERED IN THE SECOND PHASE OF A BIFURCATED TRIAL PURSUANT TO SECTION 15-32-520(E), IF THERE IS EVIDENCE TO SUPPORT AN AWARD OF PUNITIVE DAMAGES, BUT PUNITIVE DAMAGES MAY NOT BE AWARDED AGAINST AN EMPLOYER SOLELY ON THE BASIS OF VICARIOUS LIABILITY; TO AMEND SECTION 15-73-10, RELATING TO SELLER LIABILITY IN PRODUCTS LIABILITY CLAIMS, TO PROHIBIT CLAIMS AGAINST SELLERS UNLESS SPECIFIED CONDITIONS ARE MET; TO REPEAL ARTICLE 5, CHAPTER 32, TITLE 15 RELATING TO PUNITIVE DAMAGES.
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01/13/15Senate Introduced and read first time (Senate Journal-page 167)
01/13/15Senate Referred to Committee on Judiciary (Senate Journal-page 167)
02/10/15 Scrivener's error corrected
02/20/15Senate Referred to Subcommittee: Massey (ch), Coleman, Gregory



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