HOUSE BILL No. 6139


     May 28, 2002, Introduced by Reps. Gosselin and Palmer and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 1482.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 1482.  (1) IN AN ACTION FOR PERSONAL INJURY OR WRONGFUL

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        DEATH, THE TOTAL AMOUNT OF DAMAGES FOR NONECONOMIC LOSS SHALL NOT

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        EXCEED $280,000.00 UNLESS THE COURT DETERMINES THAT THE CONDUCT

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        OF 1 OR MORE OF THE DEFENDANTS CAUSE 1 OR MORE OF THE FOLLOWING,

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        IN WHICH CASE DAMAGES FOR NONECONOMIC LOSS SHALL NOT EXCEED

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        $500,000.00:

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             (A) THE PLAINTIFF IS HEMIPLEGIC, PARAPLEGIC, OR QUADRIPLEGIC

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        RESULTING IN A TOTAL PERMANENT FUNCTIONAL LOSS OF 1 OR MORE LIMBS

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        CAUSED BY 1 OR MORE OF THE FOLLOWING:

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             (i) INJURY TO THE BRAIN.




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             (ii) INJURY TO THE SPINAL CORD.

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             (B) THE PLAINTIFF HAS PERMANENTLY IMPAIRED COGNITIVE

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        CAPACITY RENDERING HIM OR HER INCAPABLE OF MAKING INDEPENDENT,

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        RESPONSIBLE LIFE DECISIONS AND PERMANENTLY INCAPABLE OF INDEPEN-

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        DENTLY PERFORMING THE ACTIVITIES OF NORMAL, DAILY LIVING.

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             (C) THE PLAINTIFF HAS SUSTAINED PERMANENT LOSS OF OR DAMAGE

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        TO A REPRODUCTIVE ORGAN RESULTING IN THE INABILITY TO PROCREATE.

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             (2) IN AWARDING DAMAGES IN AN ACTION FOR PERSONAL INJURY OR

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        WRONGFUL DEATH, THE TRIER OF FACT SHALL ITEMIZE DAMAGES INTO DAM-

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        AGES FOR ECONOMIC LOSS AND DAMAGES FOR NONECONOMIC LOSS.  THE

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        COURT SHALL REDUCE AN AWARD OF DAMAGES THAT EXCEEDS THE APPLICA-

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        BLE LIMITATION IN SUBSECTION (1) TO THE AMOUNT OF THE APPLICABLE

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        LIMITATION.  NEITHER THE COURT NOR COUNSEL FOR EITHER PARTY SHALL

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        ADVISE THE JURY OF THE LIMITATIONS IN SUBSECTION (1).

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             (3) AS USED IN THIS SECTION, "NONECONOMIC LOSS" MEANS DAM-

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        AGES OR LOSS DUE TO PAIN, SUFFERING, INCONVENIENCE, PHYSICAL

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        IMPAIRMENT, PHYSICAL DISFIGUREMENT, OR OTHER NONECONOMIC LOSS.

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             (4) ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED

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        THIS SECTION, THE STATE TREASURER SHALL ADJUST BOTH LIMITATIONS

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        IN SUBSECTION (1) SO THAT THE LIMITATIONS ARE EQUAL TO THE

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        ADJUSTED LIMITATIONS THEN IN EFFECT UNDER SECTION 1483.  AFTER

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        THAT DATE, THE STATE TREASURER SHALL ADJUST THE LIMITATIONS IN

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        SUBSECTION (1) AT THE END OF EACH CALENDAR YEAR SO THAT THEY CON-

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        TINUE TO BE EQUAL TO THE ADJUSTED LIMITATIONS UNDER SECTION 1483.









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