2012 -- H 7745

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LC01494

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

     Introduced By: Representatives Trillo, Reilly, Chippendale, Morgan, and Costa

     Date Introduced: February 16, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL

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PROCEDURE-PROCEDURE GENERALLY" is hereby amended by adding thereto the

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following chapter:

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     CHAPTER 34

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NONECONOMIC DAMAGE AWARDS ACT

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     9-34-1. Short title. – This act shall be known and may be cited as the “Noneconomic

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Damage Awards Act.”

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     9-34-2. Definitions. – The following words, as used in this chapter, shall have the

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meaning set forth below, unless the context clearly requires otherwise:

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     (1) “Noneconomic damages” means subjective, nonpecuniary damages arising from pain,

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suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress,

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loss of society and companionship, loss of consortium, injury to reputation, humiliation, and other

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nonpecuniary damages.

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     (2) “Economic damages” means objectively verifiable pecuniary damages arising from

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medial expenses and medical care, rehabilitation services, custodial care, loss of earnings and

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earning capacity, loss of income, burial costs, loss of use of property, costs of repair or

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replacement of property, costs of obtaining substitute domestic services, loss of employment, loss

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of business or employment opportunities, and other objectively verifiable monetary losses.

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     9-34-3. Damage awards. – Notwithstanding any general or public law to the contrary, in

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any personal injury action, the prevailing plaintiff may be awarded:

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     (1) Compensation for economic damages suffered by the injured plaintiff; and

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     (2) Compensation for the noneconomic damages suffered by the injured plaintiff not to

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exceed:

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     (i) Five hundred thousand dollars ($500,000); or

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     (ii) The amount awarded in economic damages, whichever amount is greater.

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     9-34-4. Special damages finding required. – (a) If liability is found in a personal injury

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or wrongful death action, then the trier of fact, in addition to other appropriate findings, shall

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make separate findings for each claimant specifying the amount of:

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     (1) Any past damages; and

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     (2) Any future damages and the periods over which they will accrue, on an annual basis,

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for each of the following types of damages:

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     (i) Medical and other costs of healthcare;

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     (ii) Other economic loss; and

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     (iii) Noneconomic loss.

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     (b) The calculation of all future medical care and other costs of healthcare and future

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noneconomic loss must reflect the costs and losses during the period of time the claimant will

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sustain those costs and losses. The calculation for other economic loss must be based on the

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losses during the period of time the claimant would have lived but for the injury upon which the

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claim is based.

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     9-34-5. Severability. – If any provision of this chapter or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC01494

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

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     This act would create the noneconomic damage awards act which provides compensation

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with limitations for noneconomic damages suffered by an injured plaintiff.

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     This act would take effect upon passage.

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LC01494

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