***Adopted***

AMENDMENT No. 1 PROPOSED TO

                             Senate Bill NO. 2778

                             By Senator(s) Burton, Canon, Little, Minor, Moffatt, Robertson

     AMEND by inserting the following section after line 228:

     SECTION *.  Section 11-1-60, Mississippi Code of 1972, is amended as follows:

     11-1-60.  (1)  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, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, bystander injury, physical impairment, disfigurement, injury to reputation, humiliation, embarrassment, * * * 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 or exemplary 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 or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses.

 * * *

     (2)  (a)  In any civil action for injury * * * if the trier of fact finds the defendant liable, * * * the plaintiff shall not be awarded * * * more thanTwo Hundred Fifty Thousand Dollars ($250,000.00) for noneconomic damages * * * for claims for causes of action filed on or after July 1, 2003 * * *.

 * * *

          (b)  The jury shall not be advised of the limitations imposed by this subsection (2) and the judge shall appropriately reduce any award of noneconomic damages that exceeds the applicable limitation.

 * * *

     (3)  Nothing in this section shall be construed to impose a limitation on * * * or actual economic damages.

     FURTHER, amend by inserting the following after the period on line 229:  "Sections 1 through 3 of"

     FURTHER, amend by inserting the following after the period on line 231: 

Section 4 of this act shall take effect and be in force from and after July 1, 2003, and shall apply to all causes of action filed on or after July 1, 2003.

     FURTHER, amend the title to conform.