Assembly Actions -
Senate Actions - UPPERCASE
|May 28, 2014
held for consideration in judiciary
|Jan 08, 2014
referred to judiciary
|Feb 25, 2013
referred to judiciary
Assembly Bill A5336
2013-2014 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2013-A5336 (ACTIVE) - Details
2013-A5336 (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.
2013-A5336 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5336 2013-2014 Regular Sessions I N A S S E M B L Y February 25, 2013 ___________ Introduced by M. of A. CORWIN -- 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. LBD09008-01-3
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