HOUSE BILL No. 5675

 

 

March 1, 2018, Introduced by Rep. Sheppard and referred to the Committee on Insurance.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2979.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2979. (1) In an action for personal injury arising from

 

the ownership, maintenance, or use of a motor vehicle, the total

 

amount of damages awarded to a plaintiff for noneconomic loss,

 

including any damages awarded to other plaintiffs as derivative

 

noneconomic loss, against all the defendants must not exceed

 

$280,000.00, unless the personal injury has resulted in 1 of the

 

following, in which case the total amount of damages awarded for

 

noneconomic loss must not exceed $500,000.00:

 

     (a) Hemiplegia, paraplegia, or quadriplegia, resulting in a

 

total permanent functional loss of 1 or more limbs caused by either

 

of the following:

 

     (i) Injury to the brain.

 

     (ii) Injury to the spinal cord.

 

     (b) Permanently impaired cognitive capacity, rendering the

 

plaintiff incapable of making independent, responsible life

 

decisions and permanently incapable of independently performing the

 

activities of normal, daily living.

 

     (c) Permanent loss of or damage to a reproductive organ,

 

resulting in the inability to procreate.

 

     (2) In awarding damages in an action arising from the

 

ownership, maintenance, or use of a motor vehicle, the trier of

 

fact shall itemize damages into economic and noneconomic losses.

 

Neither the court nor counsel for a party shall inform the jury of

 

the limitations under subsection (1). The court shall adjust an

 

award of damages for noneconomic loss to conform to the limitations

 

under subsection (1).

 

     (3) On the effective date of the amendatory act that added

 

this section, the state treasurer shall adjust the limitations

 

under subsection (1) so that they are equal to the limitations

 

applicable on that date under section 1483. After that date, the

 

state treasurer shall adjust the limitations under subsection (1)

 

at the end of each calendar year so that they continue to be equal

 

to the limitations under section 1483.

 

     (4) As used in this section, "noneconomic loss" means damages

 

or loss due to pain, suffering, inconvenience, physical impairment,

 

or physical disfigurement, loss of society and companionship,

 

whether claimed under section 2922 or otherwise, loss of

consortium, or other noneconomic loss.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5517 of the 99th Legislature is enacted into

 

law.