Bill Text: MI HB6263 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Civil procedure; evidence; introduction of evidence of an expression of sympathy as an admission of liability in a civil action; prohibit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2155.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-16 - Printed Bill Filed 06/16/2010 [HB6263 Detail]

Download: Michigan-2009-HB6263-Introduced.html

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HOUSE BILL No. 6263

 

June 15, 2010, Introduced by Rep. Meadows and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2155. (1) A statement, writing, or action that expresses

 

sympathy, compassion, commiseration, or a general sense of

 

benevolence relating to the pain, suffering, or death of an

 

individual and that is made to that individual or to the

 

individual's family is inadmissible as evidence of an admission of

 

liability in an action for medical malpractice.

 

     (2) This section does not apply to a statement of fault,

 

negligence, or culpable conduct that is part of or made in addition

 

to a statement, writing, or action described in subsection (1).

 

     (3) As used in this section, "family" means spouse, parent,

 

grandparent, stepmother, stepfather, child, adopted child,

 

grandchild, brother, sister, half brother, half sister, father-in-

 

law, or mother-in-law.

 

     Enacting section 1. This amendatory act applies only to civil

 

actions filed on or after the effective date of this amendatory

 

act.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4571.

 

     (b) House Bill No. 4680.