SB 218-6_ Filed 03/22/2005, 11:17 Pelath

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______




    I move that Senate Bill 218 be amended to read as follows:

SOURCE: Page 1, line 8; (05)MO021802.1. -->     Page 1, line 8, delete "person;" and insert " person who is at least eighteen (18) years of age;".
    Page 1, line 14, strike "proving:" and insert " proving by clear and convincing evidence:".
    Page 2, line 3, delete "proving:" and insert " proving by clear and convincing evidence.".
    Page 2, after line 7, begin a new paragraph and insert:
    " (e) Damages described in subsection (b) may not be reduced by more than one percent (1%) for failing to comply with section 2 of this chapter.
     (f) In order to meet the burden of proof required of a defendant under this section, sufficient expert testimony must be introduced to:
        (1) establish a plaintiff's noncompliance with section 2 of this chapter;

        (2) prove that compliance would have reduced injuries; and
        (3) prove the extent of the reduction.
    (Reference is to ESB 218 as printed March 18, 2005.)


Representative PELATH

DH 021807/DI gu