SB 218-7_ Filed 03/22/2005, 11:17 Pelath


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

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

SOURCE: Page 1, line 8; (05)MO021813.1. -->     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) If evidence that a plaintiff did not comply with section 2 of this chapter is admitted in a civil action, the court shall also admit the following evidence:
        (1) The name of the defendant's liability insurance carrier.
        (2) The amount of liability insurance carried by the defendant.
        (3) The fact that the defendant's insurance carrier or carriers, rather than the defendant, will pay any verdict or judgment against the defendant up to the policy limits.
        (4) The name of the defendant's excess liability carrier.
        (5) The amount of excess liability coverage carried by the defendant.
        (6) The name of any other individual or entity with whom the defendant is insured and the amount of that coverage.
        (7) The name of any other individual or entity from whom the defendant is entitled to indemnification or reimbursement relative to any verdict or judgment entered against the defendant with respect to the plaintiff's claim.
        (8) Any advance payments that have been made by the

defendant, the defendant's insurance carrier, or any other individual or entity on behalf of the defendant, including but not limited to payments for property damage, medical expenses, lost wages or income, and pain and suffering.
        (9) The amount of attorney fees the plaintiff must pay out of any verdict or judgment.
        (10) The amount of litigation expenses that have been incurred to pursue the claim, including, but not limited to, fees paid to expert witnesses and consultants, deposition costs, investigation costs, and costs associated with preparing exhibits.
        (11) Any evidence suggesting that during the twenty-four (24) hour period preceding the collision from which the plaintiff's claim arises the defendant:
            (A) had been drinking alcohol of any kind; or
            (B) had ingested medication or drugs, or both, that affected the defendant's ability to operate a motor vehicle.
    (g) If evidence that a plaintiff did not comply with section 2 of this chapter is admitted in a civil action, a defendant may not prevent the facts surrounding the occurrence of the collision from being presented to the jury by admitting liability for the collision.
".
    (Reference is to ESB 218 as printed March 18, 2005.)

________________________________________

Representative PELATH


DH 021808/DI gu
2005