HF 2810

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; limiting noneconomic 
  1.3             damages in personal injury actions; eliminating joint 
  1.4             and several liability; providing for the award of 
  1.5             attorney fees to certain prevailing parties; amending 
  1.6             Minnesota Statutes 1994, section 604.02, subdivision 
  1.7             1; proposing coding for new law in chapters 548 and 
  1.8             604. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [548.061] [NONECONOMIC LOSSES; LIMITATION; 
  1.11  INJURY TO THE PERSON.] 
  1.12     (a) In an action for injury to the person, the injured 
  1.13  plaintiff may recover noneconomic losses to compensate for pain, 
  1.14  suffering, inconvenience, physical impairment, disfigurement, 
  1.15  and other nonpecuniary damage. 
  1.16     (b) In no action shall the amount of damages for 
  1.17  noneconomic losses exceed $1,000,000 for an injured plaintiff. 
  1.18     (c) For purposes of this section, "health care provider" 
  1.19  means a physician, surgeon, dentist, or other health care 
  1.20  professional or hospital, including all persons or entities 
  1.21  providing health care as defined in section 145.61, subdivisions 
  1.22  2 and 4, or a certified health care professional employed by or 
  1.23  providing services as an independent contractor in a hospital. 
  1.24     (d) This section does not apply to a claim or action based 
  1.25  on a health care provider's intentional denial of health care, 
  1.26  nutrition, or hydration that, in reasonable medical judgment, 
  1.27  has a significant possibility of sustaining the life of a 
  2.1   patient, against the will and express direction of the patient, 
  2.2   or, if the patient is incompetent, against that of the patient's 
  2.3   agent, proxy, or guardian. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 604.02, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  When two or more persons are jointly 
  2.7   liable, contributions to awards shall be in proportion to the 
  2.8   percentage of fault attributable to each,; except that each is 
  2.9   jointly and severally liable for the whole award.  Except in 
  2.10  cases where liability arises under chapters 18B - pesticide 
  2.11  control, 115 - water pollution control, 115A - waste management, 
  2.12  115B - environmental response and liability, 115C - leaking 
  2.13  underground storage tanks, and 299J - pipeline safety, public 
  2.14  nuisance law for damage to the environment or the public health, 
  2.15  any other environmental or public health law, or any 
  2.16  environmental or public health ordinance or program of a 
  2.17  municipality as defined in section 466.01, a person whose fault 
  2.18  is 15 percent or less is liable for a percentage of the whole 
  2.19  award no greater than four times the percentage of fault, 
  2.20  including any amount reallocated to that person under 
  2.21  subdivision 2. 
  2.22     If the state or a municipality as defined in section 466.01 
  2.23  is jointly liable, and its fault is less than 35 percent, it is 
  2.24  jointly and severally liable for a percentage of the whole award 
  2.25  no greater than twice the amount of fault, including any amount 
  2.26  reallocated to the state or municipality under subdivision 2. 
  2.27     Sec. 3.  [604.12] [PAYMENT OF ATTORNEY FEES OF PREVAILING 
  2.28  PARTY.] 
  2.29     In an action for injury to the person, each prevailing 
  2.30  party shall be reimbursed for its reasonable attorney fees and 
  2.31  expenses by the nonprevailing party or parties.  The amount of 
  2.32  the reasonable attorney fees and expenses must be determined by 
  2.33  agreement of the parties or by the court upon motion.  This 
  2.34  subdivision does not apply to a claim or action based on a 
  2.35  health care provider's intentional denial of health care, 
  2.36  nutrition, or hydration that, in reasonable medical judgment, 
  3.1   has a significant possibility of sustaining the life of a 
  3.2   patient, against the will and express direction of the patient, 
  3.3   or, if the patient is incompetent, against that of the patient's 
  3.4   agent, proxy, or guardian. 
  3.5      For purposes of this section, "health care provider" means 
  3.6   a physician, surgeon, dentist, or other health care professional 
  3.7   or hospital, including all persons or entities providing health 
  3.8   care as defined in section 145.61, subdivisions 2 and 4, or a 
  3.9   certified health care professional employed by or providing 
  3.10  services as an independent contractor in a hospital. 
  3.11     For purposes of this section, "prevailing party" means a 
  3.12  party whose cause of action or defense is upheld by a court of 
  3.13  competent jurisdiction following a jury verdict or bench trial.  
  3.14  The term does not include a party in a case settled before 
  3.15  announcement of the verdict in a jury trial or the announcement 
  3.16  of findings of fact and conclusions of law in a bench trial. 
  3.17     Sec. 4.  [EFFECTIVE DATE.] 
  3.18     Sections 1 and 2 are effective the day following final 
  3.19  enactment and apply to claims and causes of action arising on or 
  3.20  after that date.  Section 3 is effective January 1, 1997, and 
  3.21  applies to claims made and causes of action commenced on or 
  3.22  after that date.