| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DePASQUALE, APRIL 21, 2010 |
| |
| |
| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 21, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in financial responsibility, providing for |
3 | permissible argument as to amount of damages. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 1794.1. Permissible argument as to amount of damages. |
9 | (a) General rule.--In any action for damages against a |
10 | tortfeasor or in any uninsured or underinsured motorist |
11 | proceeding arising out of the maintenance or use of a motor |
12 | vehicle and that is tried before a judge, jury or other |
13 | tribunal, a party may make any of the following arguments during |
14 | closing argument if the party complied with subsection (b) or if |
15 | the judge, jury or other tribunal requests that the argument be |
16 | made: |
17 | (1) Specifically argue in lump sums or by mathematical |
18 | formula the amount the party deems to be the appropriate |
19 | award for all past and future economic damages, noneconomic |
|
1 | damages or both, claimed to be recoverable. |
2 | (2) Argue that an award of zero damages is appropriate |
3 | even if there is a finding of liability against the |
4 | defendant. |
5 | (b) Disclosure.-- |
6 | (1) Except as provided in paragraph (2), a party may not |
7 | argue a specific award amount by lump sum or mathematical |
8 | formula as provided in subsection (a)(1) unless the party |
9 | first discloses to the court and opposing counsel, prior to |
10 | the presentation of closing arguments, that the party intends |
11 | to argue specific award amounts under subsection (a)(1). |
12 | (2) Notwithstanding paragraph (1), arguments as to an |
13 | appropriate award amount for economic damages may be made |
14 | without notice to opposing counsel or the court if evidence |
15 | supporting an award for economic damages was admitted into |
16 | evidence at trial. |
17 | (c) Jury instruction.--In a civil action tried before a |
18 | jury, whenever an appropriate award amount is specifically |
19 | argued during closing arguments as provided for in subsection |
20 | (a), the trial court shall instruct the jury that specific award |
21 | amounts argued are not evidence but only the argument of a party |
22 | and that the determination of the amount of damages to be |
23 | awarded, if any, is solely for the jury's determination. |
24 | (d) Construction.--Nothing in this section shall be |
25 | construed to prevent a defendant from arguing in any case that |
26 | the facts and evidence admitted at trial support a finding of no |
27 | liability. |
28 | Section 2. The addition of 75 Pa.C.S. § 1794.1 shall apply |
29 | to actions filed on or after the effective date of this section. |
30 | Section 3. This act shall take effect in 60 days. |
|
