SB 218-10_ Filed 03/24/2005, 10:54 Duncan
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 218 be amended to read as follows:
SOURCE: Page 1, line 8; (05)MO021815.1. -->
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
Page 2, line 3, delete "proving:" and insert " proving by clear and
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
(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
(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
(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.)
MO021815/DI 107 2005