Bill S6126-2013

Relates to periodic payment of judgments in wrongful death actions

Relates to periodic payment of judgments in wrongful death actions.

Details

Actions

  • Jan 8, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S6126

TITLE OF BILL: An act to amend the civil practice law and rules, in relation to periodic payment of judgments in wrongful death actions

PURPOSE: This bill relates to periodic payment of judgments in wrongful death actions consistent with the 2003 wrongful death statute.

SUMMARY OF PROVISIONS:

Section 1 - Amends subdivision (e) of rule 4111 of the civil practice law and rules, as amended by section 5 of part F of chapter 494 of the laws of 2009.

Section 2 - Effective date.

JUSTIFICATION: This legislation is sought as a "clean-up" of the 2003 wrongful death statute bill to eliminate a requirement for unnecessary paperwork and which will also result in court administration savings.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately; and shall apply to all wrongful death actions commenced on or after July 26, 2003.


Text

STATE OF NEW YORK ________________________________________________________________________ 6126 IN SENATE (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: Section 1. Subdivision (e) of rule 4111 of the civil practice law and rules, as amended by section 5 of part F of chapter 494 of the laws of 2009, is amended to read as follows: (e) 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 subdivision (d) 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 earning abil- ity, and pain and suffering. Each element shall be further itemized 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 compensate for future damages OTHER THAN IN WRONGFUL DEATH ACTIONS, the jury shall set forth the period of years over which such amounts are intended to provide compensation. In actions in which article fifty-A or fifty-B of this chapter applies, in computing said damages, the jury shall be instructed to award the full amount of future damages, as calculated, without reduction to present value. S 2. This act shall take effect immediately; and shall apply to all wrongful death actions commenced on or after July 26, 2003.

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