SB 218-9_ Filed 03/24/2005, 10:47 Ulmer


Text Box


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    WITHDRAWN        Noes _______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


[
HOUSE MOTION ____

]

MR. SPEAKER:

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


Page 1, line 8, delete "person;" and insert " person who is not a minor;".
    Page 1, line 14, after "proving" delete ":" and insert " 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 (5%) for failing to comply with section 2 of this chapter.
    (f) To prove that compliance with this chapter would have reduced injuries and the extent of the reduction of any injuries, the defendant in an action described in subsection (b) must introduce testimony from:
        (1) a physician;
        (2) a biomechanical engineer; or
        (3) an accident reconstruction expert.
".
    (Reference is to Engrossed Senate Bill 218 as printed March 18, 2005.)

________________________________________

Representative ULMER


RH 021802/DI jc
2005