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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MURT, BOBACK, BOYD, CLYMER, CREIGHTON, FAIRCHILD, GEIST, GIBBONS, GODSHALL, GOODMAN, HARKINS, KORTZ, MELIO, MILLER, MOUL, O'NEILL, QUINN, READSHAW, SIPTROTH, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, APRIL 28, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, further providing for monetary limits |
3 | of liability. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5505 of Title 23 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 5505. Monetary limits of liability. |
9 | (a) General rule.--Liability of the parents under this |
10 | chapter shall be limited to: |
11 | (1) The sum of [$1,000] $2,000 for injuries suffered by |
12 | any one person as a result of one tortious act or continuous |
13 | series of tortious acts. |
14 | (2) The sum of [$2,500] $5,000 regardless of the number |
15 | of persons who suffer injury as a result of one tortious act |
16 | or continuous series of tortious acts. |
17 | (b) Proceedings where loss exceeds liability.--In the event |
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1 | that actual loss as ascertained by the court or the judgment |
2 | against the child exceeds [$2,500] the applicable amount under |
3 | subsection (a), the parents shall be discharged from further |
4 | liability by the payment of [$2,500] the applicable amount under |
5 | subsection (a) into court. The court shall cause all aggrieved |
6 | parties to submit itemized statements of loss in writing and |
7 | shall make distribution proportionately, whether the claims be |
8 | for injuries to the person or for theft, destruction or loss of |
9 | property. The court may take testimony to assist it in making |
10 | proper distribution and may appoint a master to accomplish this |
11 | purpose. All costs and fees incurred in these proceedings shall |
12 | be [paid from the $2,500] deducted from the amount paid into |
13 | court under subsection (a). |
14 | (c) Joint acts by children of same parent.--The limitations |
15 | on liability set forth in subsections (a) and (b) shall be |
16 | applicable when two or more children of the same parent engage |
17 | jointly in the commission of one tortious act or series of |
18 | tortious acts. |
19 | Section 2. This act shall apply to tortious acts committed |
20 | after the effective date of this section. |
21 | Section 3. This act shall take effect immediately. |
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