Bill Text: NY S06126 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to periodic payment of judgments in wrongful death actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S06126 Detail]

Download: New_York-2013-S06126-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6126
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to period-
         ic payment of judgments in wrongful death actions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (e) of rule 4111 of the civil practice law and
    2  rules, as amended by section 5 of part F of chapter 494 of the  laws  of
    3  2009, is amended to read as follows:
    4    (e)  Itemized  verdict  in  certain  actions.  In an action brought to
    5  recover damages for personal injury,  injury  to  property  or  wrongful
    6  death,  which  is not subject to subdivision (d) of this rule, the court
    7  shall instruct the jury that  if  the  jury  finds  a  verdict  awarding
    8  damages,  it  shall  in  its  verdict specify the applicable elements of
    9  special and general damages upon which the award is based and the amount
   10  assigned  to  each  element  including,  but  not  limited  to,  medical
   11  expenses, dental expenses, loss of earnings, impairment of earning abil-
   12  ity, and pain and suffering. Each element shall be further itemized into
   13  amounts intended to compensate for damages that have been incurred prior
   14  to  the  verdict  and  amounts  intended to compensate for damages to be
   15  incurred in the future. In itemizing amounts intended to compensate  for
   16  future  damages OTHER THAN IN WRONGFUL DEATH ACTIONS, the jury shall set
   17  forth the period of years  over  which  such  amounts  are  intended  to
   18  provide  compensation. In actions in which article fifty-A or fifty-B of
   19  this chapter applies, in computing  said  damages,  the  jury  shall  be
   20  instructed  to  award  the full amount of future damages, as calculated,
   21  without reduction to present value.
   22    S 2. This act shall take effect immediately; and shall  apply  to  all
   23  wrongful death actions commenced on or after July 26, 2003.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11990-01-3