Report Title:

Torts; Noneconomic Damages

Description:

Permits a plaintiff to recover noneconomic damages only when the plaintiff can prove that the defendant was grossly negligent.

HOUSE OF REPRESENTATIVES	H.B. NO.	82
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO tort actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 663-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Noneconomic damages, which are recoverable in tort actions if the plaintiff can prove that the defendant was at least grossly negligent, include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2007.

INTRODUCED BY:

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