- Committee -

SCS/SB 280 - This act enacts several tort reform measures.

LEGAL EXPENSE FUND (Section 105.711) - Adds attorneys practicing pro bono at tax-exempt nonprofit community social services centers to coverage from the Fund up to $500,000.

IMMUNITY ON LAND NEAR PUBLIC TRAILS (Section 258.100) Provides that the immunity from liability for injuries on private land adjoining a public trail shall not extend when the injuries were caused by the failure of the owner of the land to warn of an artificial condition that is likely to cause death or serious injury.

SEAT BELT VIOLATIONS (Section 307.178) Under this provision, failure to wear a seat belt shall be considered as evidence of comparative negligence in a lawsuit. The failure to wear a seatbelt can also be admitted to mitigate damages without introducing expert evidence proving that the failure to wear the belt contributed to the injuries.

LIENS FOR HEALTH PRACTITIONERS (Section 430.225) - Allows liens for health practitioners who provide medical services to patients injured by tortfeasors. The original enactment of this section was rule unconstitutional by the Supreme Court based on a Hammerschmidt problem.

VENUE SHOPPING (Sections 508.010 and 508.040) This provision requires that venue in all tort actions, including torts for improper healthcare, shall only be in county where cause of action accrued. If cause did not accrue in Missouri, then venue is determined as if not a tort action. In suits against corporations, venue shall only be in the county where the cause of action accrued.

PUNITIVE DAMAGES (Section 510.263) In tort actions, including for improper healthcare, the act allows discovery of defendant's assets only after judge determines that plaintiff has a submissible case on punitive damages. Includes definition of "damages."

CLASS ACTION CERTIFICATION (Section 512.020) Orders granting or denying class certification shall be appealable. The court of appeals must accept the appeal, but the circuit court or court of appeals will have discretion on whether to stay proceedings pending appeal.

SUPERSEDEAS BONDS (Section 512.099) This act establishes a $50 million limit on supersdedas bonds if the appellant proves that it has unencumbered assets that equal or exceed the amount of the judgement in excess of $50 million. If the appellant fails to maintain such level of assets or is purposely dissipating assets outside the ordinary course of business to avoid payment of the judgment, then the court may require a bond equal to the full amount of the judgment.

JOINT AND SEVERAL LIABILITY (Section 537.067) Provides for joint and several liability for compensatory and noneconomic damages if a defendant is found to bear 10% or more of the fault, but only makes a defendant liable for their portion of fault for punitive damages.

MEDIATION (Section 537.072) This provision requires mediation for all tort actions unless the court finds that mediation has no chance of success.

PADDLESPORT LIABILITY (Section 537.327) Limits liability of paddlesport outfitters for injury or death cause by inherent risks of paddlesport activities.

AFFIDAVITS IN TORT ACTIONS AGAINST LICENSED PROFESSIONALS (Section 537.530) - This provision requires an affidavit from a similarly licensed professional supporting a cause of action for non-medical claims of professional negligence.

MEDICAL MALPRACTICE NONECONOMIC DAMAGES CAP (Section 537.530) - This provision removes the words "per occurrence" to ensure that there is a single cap, and not multiple caps per incidents of medical malpractice as held by the court in Scott v. SSM Healthcare. Provides for a cap on noneconomic damages of $350,000 and that periodic inflationary increases from the cap shall begin on August 28, 2003.

AFFIDAVIT OF MERIT (Section 538.225) - This provision would require (current law is discretionary) a court to dismiss any medical malpractice claim for which the plaintiff fails to file an affidavit stating that he or she has obtained the written opinion of a health care provider which states that the defendant failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure caused the plaintiff's damages. The act limits extensions of time to file such affidavit to 90 days. The provision also requires the expert to be licensed and actively practicing in substantially the same specialty as the defendant.

BENEVOLENT GESTURES (Section 538.227) - This provision would make statement, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident inadmissible as evidence in a civil action. Statements of fault, however, shall not be inadmissible.

MISCELLANEOUS CASES (Section 1) - This provision allows for the filing of a miscellaneous case against anonymous persons in order to secure copies of health care records. Such filing shall toll the statute of limitations for 120 days.

This act is similar to HCS/HB 273 (2003).

JIM ERTLE