S T A T E   O F   N E W   Y O R K
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                                  1883

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- Multi-Sponsored by -- M. of A. CROUCH
  -- read once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to setting
  certain limits on noneconomic damage awards for  personal  injury  and
  wrongful death actions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature of  the  state  of  New
York  finds  and  declares  that  noneconomic damage awards for personal
injury and wrongful death are often arbitrary and bear little  relation-
ship to the severity of the injury for which compensation is sought. The
purpose  of this act is to set certain limitations on noneconomic damage
awards for personal injury and wrongful death  actions.    These  limits
would  not  apply in cases where gross negligence is found by a court or
jury.
  S 2. The civil practice law and rules is amended by adding a new arti-
cle 50-C to read as follows:
                              ARTICLE 50-C
               LIMITATION ON DAMAGES, NONECONOMIC DAMAGES
SECTION 5051. DEFINITIONS.
        5052. DAMAGE AWARDS.
  S 5051. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "NONECONOMIC DAMAGES" MEANS SUBJECTIVE, NONPECUNIARY DAMAGES  ARIS-
ING  FROM PAIN, SUFFERING, INCONVENIENCE, PHYSICAL IMPAIRMENT OR DISFIG-
UREMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, LOSS OF SOCIETY AND COMPAN-
IONSHIP, LOSS OF CONSORTIUM, INJURY TO REPUTATION, HUMILIATION AND OTHER
NONPECUNIARY DAMAGES.
  2. "ACTUAL ECONOMIC DAMAGES" MEANS  OBJECTIVELY  VERIFIABLE  PECUNIARY
DAMAGES ARISING FROM MEDICAL EXPENSES AND MEDICAL CARE, LOSS OF EARNINGS
AND  EARNING  CAPACITY,  BURIAL COSTS, LOSS OF USE OF PROPERTY, COSTS OF
REPAIR OR REPLACEMENT OF PROPERTY, COSTS OF OBTAINING SUBSTITUTE  DOMES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02232-01-9
              

A. 1883                             2

TIC  SERVICES, LOSS OF EMPLOYMENT, LOSS OF BUSINESS OR EMPLOYMENT OPPOR-
TUNITIES, REHABILITATION SERVICES, CUSTODIAL CARE  AND  OTHER  PECUNIARY
DAMAGES.
  3.  "PERSONAL  INJURY  ACTION"  MEANS  ANY  ACTION,  WHETHER  IN TORT,
CONTRACT, OR OTHERWISE, IN WHICH THE PLAINTIFF SEEKS DAMAGES FOR  INJURY
TO THE PERSON OR WRONGFUL DEATH.
  4. "COMPENSATION" MEANS MONETARY AWARDS.
  S  5052.  DAMAGE AWARDS. IN ANY PERSONAL INJURY ACTION, THE PREVAILING
PLAINTIFF MAY BE AWARDED:
  1. COMPENSATION FOR ACTUAL ECONOMIC DAMAGES SUFFERED  BY  THE  INJURED
PLAINTIFF; AND
  2. COMPENSATION FOR NONECONOMIC DAMAGES SUFFERED BY THE INJURED PLAIN-
TIFF  NOT  TO  EXCEED (A) TWO HUNDRED FIFTY THOUSAND DOLLARS, OR (B) THE
AMOUNT AWARDED IN ECONOMIC DAMAGES, OR (C) THE STATE AVERAGE ANNUAL WAGE
AS DETERMINED BY THE STATE DEPARTMENT OF TAXATION  AND  FINANCE,  MULTI-
PLIED  BY  THE LIFE EXPECTANCY OF THE INJURED PLAINTIFF AS DETERMINED BY
THE COURT, MULTIPLIED BY 0.36, WHICHEVER AMOUNT  IS  GREATEST.  THE  TWO
HUNDRED  FIFTY THOUSAND DOLLAR LIMITATION SHALL BE EFFECTIVE IMMEDIATELY
AND SHALL BE ADJUSTED ON JANUARY FIRST OF EACH SUBSEQUENT  YEAR  BY  THE
INCREASE  OR  DECREASE  IN  THE UNITED STATES BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE PRECEDING  CALENDAR
YEAR.    THIS PROVISION SHALL NOT APPLY WHERE A VERDICT OR DECISION OF A
COURT INVOLVES A FINDING OF WILLFUL, WANTON OR GROSS NEGLIGENCE  AGAINST
THE RESPONSIBLE PARTY OR PARTIES.
  S  3.  This  act  shall take effect immediately and shall apply to all
causes of action which accrue on or after such date.