Report Title:

Noneconomic Damages; Definition

 

Description:

Redefines noneconomic damages for purposes of tort actions.  Limits the amount recoverable for noneconomic damages to $250,000.

 

THE SENATE

S.B. NO.

343

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TORTS.

 

 

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

 

     SECTION 1.  Section 663-8.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§663-8.5[]]  Noneconomic damages; defined.  [(a)  Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims.

     (b)  Pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person.]  "Noneconomic damages" which are recoverable in tort actions means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium other than loss of domestic service, hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind."

     SECTION 2.  Section 663-8.7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§663-8.7[]]  Limitation on pain and suffering.  Damages recoverable for [pain and suffering] noneconomic damages as defined in section 663-8.5 shall be limited to a maximum award of [$375,000;] $250,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2)."

     SECTION 3.  This Act does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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