2003 Legislation
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HOUSE BILL NO. 92 – Torts, certain, several liability

HOUSE BILL NO. 92

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H0092...................................by JUDICIARY, RULES AND ADMINISTRATION
TORTS - Amends existing law to provide for several liability for certain
torts; to lower the limitation on the recovery of noneconomic damages; to
revise the evidentiary standard to clear and convincing evidence for the award
of punitive damages; to provide a limitation on the recovery of punitive
damages; and to waive a portion of the bonding and case deposit requirements
on appeals of judgments for punitive damages, with exceptions.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 58-12-0
      AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,
      Langford, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould,
      Ridinger, Ring, Roberts, Rydalch, Sayler, Schaefer(Schaefer), Shepherd,
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood, Mr. Speaker
      NAYS -- Andersen, Bieter, Clark, Kulczyk, Langhorst, Martinez, Mitchell,
      Naccarato, Ringo, Robison, Sali, Smith(24)
      Absent and excused -- None
    Floor Sponsor - Field(18)
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 27-8-0
      AYES -- Andreason(Rouse), Bailey, Brandt, Bunderson, Burtenshaw,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Keough, Little, Lodge, McKenzie, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stennett, Sweet, Werk, Williams
      NAYS -- Burkett, Calabretta, Davis, Kennedy, Malepeai, Marley,
      McWilliams, Stegner
      Absent and excused -- None
    Floor Sponsors - Sorensen & Bunderson
    Title apvd - to House
03/14    To enrol
03/17    Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/26    Governor signed
         Session Law Chapter 122
         Effective:  Secs 1 & 3, all actions accruing
         after 07/01/03;
         Sec. 4, all appeal cases filed after 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 92
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TORT LIABILITY LAWS; AMENDING SECTION 6-803, IDAHO CODE,  TO  PRO-
  3        VIDE  FOR  SEVERAL  LIABILITY  FOR CERTAIN TORTS; AMENDING SECTION 6-1603,
  4        IDAHO CODE, TO LOWER THE  LIMITATION ON THE RECOVERY OF  NONECONOMIC  DAM-
  5        AGES; AMENDING SECTION 6-1604, IDAHO CODE, TO REVISE THE EVIDENTIARY STAN-
  6        DARD  FOR THE AWARD OF PUNITIVE DAMAGES AND TO PROVIDE A LIMITATION ON THE
  7        RECOVERY OF PUNITIVE DAMAGES; AMENDING  SECTION  13-202,  IDAHO  CODE,  TO
  8        WAIVE A PORTION OF THE BONDING AND CASH DEPOSIT REQUIREMENTS ON APPEALS OF
  9        JUDGMENTS  FOR PUNITIVE DAMAGES WITH EXCEPTIONS AND TO MAKE TECHNICAL COR-
 10        RECTIONS; PROVIDING SEVERABILITY; AND  PROVIDING  AN  EFFECTIVE  DATE  AND
 11        APPLICATION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  6-803,  Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        6-803.  CONTRIBUTION AMONG JOINT TORTFEASORS -- DECLARATION  OF  RIGHT  --
 16    EXCEPTION  --  LIMITED JOINT AND SEVERAL LIABILITY. (1) The right of contribu-
 17    tion exists among joint tortfeasors, but a joint tortfeasor is not entitled to
 18    a money judgment for contribution until he has by payment discharged the  com-
 19    mon liability or has paid more than his pro rata share thereof.
 20        (2)  A joint tortfeasor who enters into a settlement with the injured per-
 21    son  is  not  entitled  to  recover contribution from another joint tortfeasor
 22    whose liability to the injured person is not extinguished by the settlement.
 23        (3)  The common law doctrine of joint and several liability is hereby lim-
 24    ited to causes of action listed in subsections (5), (6) and (7) of  this  sec-
 25    tion.  In  any  action in which the trier of fact attributes the percentage of
 26    negligence or comparative responsibility to persons listed on a  special  ver-
 27    dict,  the court shall enter a separate judgment against each party whose neg-
 28    ligence or comparative responsibility exceeds the  negligence  or  comparative
 29    responsibility attributed to the person recovering. The negligence or compara-
 30    tive  responsibility  of each such party is to be compared individually to the
 31    negligence or comparative responsibility of the  person  recovering.  Judgment
 32    against  each  such  party shall be entered in an amount equal to each party's
 33    proportionate share of the total damages awarded.
 34        (4)  As used herein, "joint tortfeasor" means one (1) of two (2)  or  more
 35    persons  jointly  or severally liable in tort for the same injury to person or
 36    property, whether or not judgment has been recovered against all  or  some  of
 37    them.
 38        (5)  A  party  shall  be  jointly  and  severally  liable for the fault of
 39    another person or entity or for payment of the proportionate share of  another
 40    party  where  they  were  acting  in concert or when a person was acting as an
 41    agent or servant of another party. As used in this section,  "acting  in  con-
 42    cert"  means  pursuing a common plan or design which results in the commission
 43    of an intentional or reckless tortious act.
                                                                        
                                           2
                                                                        
  1        (6)  Any cause of action arising out of a violation of any state  or  fed-
  2    eral  law  or regulation relating to hazardous or toxic waste or substances or
  3    solid waste disposal sites.
  4        (7)  Any cause of action arising  from  the  manufacture  of  any  medical
  5    devices or pharmaceutical products.
                                                                        
  6        SECTION  2.  That  Section  6-1603, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        6-1603.  LIMITATION ON NONECONOMIC DAMAGES. (1) In no action seeking  dam-
  9    ages  for  personal  injury, including death, shall a judgment for noneconomic
 10    damages be entered for a claimant exceeding the maximum  amount  of  four  two
 11    hundred fifty thousand dollars ($40250,000); provided, however, that beginning
 12    on  July  1, 19882004, and each July 1 thereafter, the cap on noneconomic dam-
 13    ages established in this section shall increase or decrease in accordance with
 14    the percentage amount of increase or decrease by which  the  Idaho  industrial
 15    commission  adjusts  the  average  annual wage as computed pursuant to section
 16    72-409(2), Idaho Code.
 17        (2)  The limitation contained in this  section  applies  to  the  sum  of:
 18    (a) noneconomic  damages  sustained by a claimant who incurred personal injury
 19    or who is asserting a wrongful death; (b) noneconomic damages sustained  by  a
 20    claimant,  regardless  of the number of persons responsible for the damages or
 21    the number of actions filed.
 22        (3)  If a case is tried to a jury, the jury shall not be informed  of  the
 23    limitation contained in subsection (1) of this section.
 24        (4)  The limitation of awards of noneconomic damages shall not apply to:
 25        (a)  Causes of action arising out of willful or reckless misconduct.
 26        (b)  Causes  of  action  arising  out of an act or acts which the trier of
 27        fact finds beyond a reasonable doubt would constitute a felony under state
 28        or federal law.
                                                                        
 29        SECTION 3.  That Section 6-1604, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:
                                                                        
 31        6-1604.  LIMITATION  ON PUNITIVE DAMAGES. (1) In any action seeking recov-
 32    ery of punitive damages, the claimant must prove, by a  preponderance  of  the
 33    clear  and  convincing  evidence, oppressive, fraudulent, wanton, malicious or
 34    outrageous conduct by the party against whom the claim for punitive damages is
 35    asserted.
 36        (2)  In all civil actions in which  punitive  damages  are  permitted,  no
 37    claim  for damages shall be filed containing a prayer for relief seeking puni-
 38    tive damages. However, a party may, pursuant to a pretrial  motion  and  after
 39    hearing  before  the court, amend the pleadings to include a prayer for relief
 40    seeking punitive damages. The court shall allow the motion to amend the plead-
 41    ings if, after weighing the evidence presented, the court concludes that,  the
 42    moving  party establishes has established at such hearing a reasonable likeli-
 43    hood of proving facts at trial sufficient to support an award of punitive dam-
 44    ages. A prayer for relief added pursuant to this section shall not  be  barred
 45    by  lapse  of  time  under  any  applicable limitation on the time in which an
 46    action may be brought or claim asserted, if the time prescribed or limited had
 47    not expired when the original pleading was filed.
 48        (3)  No judgment for punitive damages shall exceed the greater of two hun-
 49    dred fifty thousand dollars ($250,000) or an amount which is three  (3)  times
 50    the  compensatory damages contained in such judgment.  If a case is tried to a
 51    jury, the jury shall not be informed of this limitation.  The  limitations  on
                                                                        
                                           3
                                                                        
  1    noneconomic  damages contained in this act section 6-1603, Idaho Code, are not
  2    applicable to punitive damages.
  3        (4)  Nothing in this section is intended to change the rules  of  evidence
  4    or standards of proof used by a trier of fact in finding punitive damages.
                                                                        
  5        SECTION  4.  That  Section  13-202, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        13-202.  STAY OF PROCEEDINGS PENDING APPEAL. (1) Upon and after an  appeal
  8    of  a  judgment or order of the district court in a civil action, the judgment
  9    or order appealed from, or any other order or proceeding in the action may  be
 10    stayed  by  the  district court or the Ssupreme Ccourt as provided by Rrule of
 11    the Ssupreme Ccourt.
 12        (2)  If a plaintiff in a civil action obtains a judgment for punitive dam-
 13    ages, the supersedeas bond or cash deposit requirements shall be waived as  to
 14    that  portion  of  the  punitive  damages  that  exceeds  one  million dollars
 15    ($1,000,000) if the party or parties found liable seek a stay  of  enforcement
 16    of the judgment during the appeal.
 17        (3)  If  the  plaintiff  proves  by a preponderance of the evidence that a
 18    party bringing an appeal, for  whom  the  supersedeas  bond  or  cash  deposit
 19    requirement has been waived, is purposefully dissipating its assets or divert-
 20    ing assets outside the jurisdiction of the United States courts, waiver may be
 21    rescinded  and the bond or cash deposit requirements may be reinstated for the
 22    full amount of the judgment.
 23        (4)  The supersedeas bond or cash deposit requirements may also be  waived
 24    in any action for good cause shown as provided by rule of the supreme court.
                                                                        
 25        SECTION  5.  SEVERABILITY.  The provisions of this act are hereby declared
 26    to be severable and if any provision of this act or the  application  of  such
 27    provision  to  any  person or circumstance is declared invalid for any reason,
 28    such declaration shall not affect the validity of the  remaining  portions  of
 29    this act.
                                                                        
 30        SECTION  6.  This  act shall be in full force and effect on and after July
 31    1, 2003.  Sections 1 through 3 of this act shall apply to all causes of action
 32    which accrue thereafter.  Section 4 of this act shall apply to  all  cases  in
 33    which an appeal is filed thereafter.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSERS12581
                                
                                
                                   
    This legislation would modify rules for the determination
    and imposition of tort liability in Idaho.  It would modify
    three provisions of tort reform enacted in 1987 but not
    revisited since.  It would clean up the repeal of joint and
    several liability by repealing exceptions for environmental
    damages and damages associated with medical devices and
    pharmaceutical products.  It would reduce the cap on
    noneconomic damages to $250,000.  It would impose limits on
    punitive damages.  Finally, it would modify the appeal bond
    requirements to enable defendants to appeal large awards for
    punitive damages by posting a bond for compensatory damages
    and the first million dollars of punitive damages.
    
    
    
    
    
                          FISCAL IMPACT
                                
                                   This bill will have no negative fiscal impact.  To the
    extent it makes civil disputes more efficient to resolve, it
    should reduce costs for governmental units involved in those
    disputes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Contact:                      Ken McClure
                                                                388-1200
    
    
    
    Statement of Purpose/Fiscal Impact                H92