Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 13, 2009 |
referred to codes |
Senate Bill S2201
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C) Senate District
(R, C, Ind, WF) Senate District
(R, C, IP, RFM) Senate District
2009-S2201 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Rpld §4545 subs (a) & (b) & R4111 subs (d) & (e), amd R4111 & §4213, CPLR
2009-S2201 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2201 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to equalizing the treatment of collateral sources in tort actions, to repeal subdivisions (a) and (b) of section 4545 of such law and rules relating to collateral sources in certain tort actions and to repeal subdivisions (d) and (e) of rule 4111 of such law and rules relating to itemized verdicts in certain tort actions PURPOSE : This bill will equalize the treatment of collateral sources in tort actions against public defendants by applying the same standard used in cases against private defendants. The bill would allow collateral sources to offset damage awards for future costs or expenses in actions against public employers (to prevent double recoveries). SUMMARY OF PROVISIONS : To eliminate an anomaly in the treatment of collateral sources in tort actions, this bill amends Section 4545 of the Civil Practice Law and Rules by repealing subdivisions a and b, which govern the offset of damages for collateral sources in medical malpractice actions and against public defendants, respectively. The bill standardizes the treatment of collateral sources by leaving in effect subdivision c of the section, which governs "any action for personal injury, injury to
2009-S2201 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2201 2009-2010 Regular Sessions I N S E N A T E February 13, 2009 ___________ Introduced by Sens. VOLKER, O. JOHNSON, LARKIN, MORAHAN, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to equal- izing the treatment of collateral sources in tort actions, to repeal subdivisions (a) and (b) of section 4545 of such law and rules relat- ing to collateral sources in certain tort actions and to repeal subdi- visions (d) and (e) of rule 4111 of such law and rules relating to itemized verdicts in certain tort actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of section 4545 of the civil prac- tice law and rules are REPEALED and subdivisions (c) and (d) are relet- tered subdivisions (a) and (b). S 2. Subdivisions (d) and (e) of rule 4111 of the civil practice law and rules are REPEALED. S 3. Subdivision (f) of rule 4111 of the civil practice law and rules, as amended by chapter 100 of the laws of 1994, is amended to read as follows: [(f)] (D) Itemized verdict in certain actions. In an action brought to recover damages for personal injury, injury to property or wrongful death, [which is not subject to subdivisions (d) and (e) of this rule,] the court shall instruct the jury that if the jury finds a verdict awarding damages, it shall in its verdict specify the applicable elements of special and general damages upon which the award is based and the amount assigned to each element including, but not limited to, medical expenses, dental expenses, loss of earnings, impairment of earn- ing ability, and pain and suffering. Each element shall be further item- ized into amounts intended to compensate for damages that have been incurred prior to the verdict and amounts intended to compensate for damages to be incurred in the future. In itemizing amounts intended to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07155-01-9
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