HB0002_S_Amend_05_to_Amend

AMEND by deleting lines 768 through 779 and inserting the following after line 460:

SECTION *. (1) Except as provided in Section 41-105-15, compensation for the noneconomic damages suffered by an injured plaintiff in any civil action shall not exceed the amount of Two Hundred Fifty Thousand Dollars ($250,000.00).

(2) If liability is found, then the trier of fact, in addition to other appropriate findings, shall make separate findings specifying the total amount of noneconomic damages and the total amount of actual economic damages for each separate claimant in a manner that the court may apply the restrictions of this section.

(3) The trier of fact shall not be advised of the limitations imposed by this section.

(4) For the purposes of this section, the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Noneconomic damages" means subjective, nonpecuniary damages arising from death, pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, bystander injury, injury to reputation, humiliation, loss of the enjoyment of life, hedonic damages, other nonpecuniary damages, and any other theory of damages such as fear of loss, illness or injury. The term "noneconomic damages" shall not include punitive damages.

(b) "Actual economic damages" means objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, custodial care, disabilities, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, costs of repair of replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses.

FURTHER, AMEND the title to conform.