***Pending***

AMENDMENT No. 1 PROPOSED TO

                             Committee Sub. for HB NO. 19

                             By Representative(s) Snowden

     AMEND by inserting the following after line 80 and renumbering succeeding sections:

     SECTION 3.  The following shall be codified as Section 11-1-64, Mississippi Code of 1972:

     11-1-64.  (1)  In any civil action alleging damages caused by a product, a product seller other than a manufacturer shall not be liable for a latent defect if the seller is a mere conduit who purchased the product from a reputable manufacturer.  It is the intent of this section to insulate innocent sellers who are not actively negligent from forum-driven lawsuits.

     (2)  A product seller shall not be considered to have failed to exercise reasonable care with respect to a product, based upon an alleged failure to inspect the product, if there was no reasonable opportunity to inspect the product; or the inspection, in the exercise of reasonable care, would not have revealed that the product was defective.

     (3)  Nothing in this section shall be construed to eliminate any common law defense to an action for damages caused by a product.

     AMEND FURTHER by inserting the following after the comma on line 83:  "and subject to the provisions of Section 11-1-64,"

     AMEND FURTHER, the title, by inserting the following after the semicolon on line 5:  "TO CREATE NEW SECTION 11-1-64, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PRODUCT SELLER OTHER THAN A MANUFACTURER SHALL NOT BE LIABLE FOR A LATENT DEFECT IF THE SELLER IS A MERE CONDUIT WHO PURCHASED THE PRODUCT FROM A REPUTABLE MANUFACTURER;"