Assembly Bill A3444

2011-2012 Legislative Session

Limits the amount which may be awarded for noneconomic damages

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A3444 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 50-C §§5051 & 5052, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1883
2013-2014: A5336
2015-2016: A3130

2011-A3444 (ACTIVE) - Summary

Defines "noneconomic damages" and limits such damages in personal injury actions to the greater of $250,000, or the amount awarded in economic damages, or projected earnings as a function of the state average annual wage as determined by the department of taxation and finance; specifially defines such damages.

2011-A3444 (ACTIVE) - Bill Text download pdf 

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

                                  3444

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. CALHOUN, CORWIN, HAWLEY -- Multi-Sponsored by --
  M. of A. CROUCH -- read once and referred to the Committee on  Judici-
  ary

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02833-01-1

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