SUMMARY OF HOUSE BILL 13
2004
SPECIAL SESSION
Section 1 - Venue
Venue shall be proper:
-where the defendant resides
-for a corporation:
-the principal place of business,
-where a substantial act, omission or event occurred,
-where the defendant obtained a defective product
-for a non-resident: where
the plaintiff resides
-for medical providers venue
shall be proper where the act or omission occurred.
Each plaintiff (if more than one) must independently
establish venue.
The trial judge can move a case for convenience of
parties and witnesses under certain conditions or factors (doctrine of
forum non conveniens).
Section 2 - Non-Economic Damage Awards
The term "disfigurement" shall be included in the
definition of non-economic damages (i.e., this type of damage
(disfigurement) is now capped as well as other non-economic damages.
Award caps:
-$500,000 in medical
malpractice actions
-$1 million for all other
civil cases
Section 3 - Innocent Seller
Seller cannot be held liable unless he had control
over design, testing, manufacturing, packaging or labeling of product;
or had actual or constructive knowledge of the defect.
The bill also eliminates a provision put in by the
2002 special session that said if a retailer was found to be innocent
and not liable, they would still remain a defendant in the case. (The
2002 version was put in simply to keep the case in a particular state
court or to keep it from being removed to federal court.)
The "Innocent Seller" language included within HB 13
is substantially similar to that urged for adoption by members of the Mississippi
Legislative Conservative Coalition in its 2002
"Innocent Seller Position
Paper"
distributed to every House member during the 2002 special session which
lasted 83 days. Our persistence (and an
increase in the number of conservative House members) finally paid off
in the 2004 special session.
Also see Section 7.
Section 4 - Punitive Damage Cap Adjustments
Caps based on net worth of defendant
B= Billion, M= Million
Worth Top Limit
$1 B+ $20 M (Current Law)
$750 M-$1 B $15 M (Current
Law)
$500-$750M $5 M
$100-$500 M $3.75 M
$50-$100 M $2.5 M
$50 M or less 2% of net
worth
Section 5 - Premises Liability
No liability to property owner for death or injury to
a contractor or the contractor’s employees if the contractor knew or
should have known of the danger.
Section 6 - Elimination of Joint Liability
-Each defendant is only responsible for damages
caused by that defendant,
-Liability shall be several only (not joint
and several),
-Prohibits reallocation of fault assigned to an
immune tortfeasor whose liability is limited by law.
Section 7 - Repeal of Code Section 11-1-64
Repeals code section (which originally provided
procedure for dismissing a defendant whose liability is based solely on
his status as a seller in the stream of commerce). The repeal of
this section addresses and corrects the abuse highlighted in the
"Innocent Seller Position
Paper"
distributed in 2002 by the Mississippi Legislative Conservative
Coalition to each member of the House.
Sections 8-15 - Jury Service Reforms
Inserts limited provisions of the "Jury
Patriotism Act."
-Limits available exemptions from jury service
-Simplifies jury summons instructions
-Increases the punishment for failure to appear for
jury
-Creates a Lengthy Trial Fund for wage replacement
-Amends the jury exemption for National Guard members
-Allows for postponement of jury service
-Provides for employment protection for jurors
Implementation delayed until January 2007
Section 16 - Patient Access to Disciplinary Hearings
Allows a patient to attend a disciplinary hearing of
a physician who has caused bodily harm to the patient.
Section 17 - Medical Privilege Waivers
In medical malpractice actions with multiple
defendants, the medical privilege shall be considered waived by and
between all defendants.
Section 18 - Allows a Bench Trial (Judge Only, No
Jury) if Both Parties Agree.
Must be conducted within 270 days
.
Section 19 - Severability Clause
If any provision shall be declared invalid by a
court, such invalidity shall not affect the remainder of this
legislation. In such instance the balance of this bill shall be
considered severable.
Section 20 – Effective Date
Effective Date of September 1, 2004 (except Sections
8-15 (the "Jury Patriotism Act") which will go into effect January 1,
2007)
