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GA HB1089
Bill
Status
Introduced
3/3/2020
Primary Sponsor
Tom McCall
Click for details
AI Summary
- Limits statute of limitations tolling for tort actions to only those arising from alleged felonies (rather than any crime), requires judges to respond in writing to jury questions during deliberation, and prohibits counsel from arguing specific monetary values for pain and suffering or the value of life in wrongful death actions
- Mandates separate trials for liability and damages in tort actions where the plaintiff seeks more than $150,000 and the defendant disputes liability, and prohibits informing juries that damage awards will be reduced based on the plaintiff's comparative negligence or that plaintiffs 50% or more at fault receive nothing
- Expands settlement offer procedures beyond motor vehicle cases to all tort claims for personal injury, bodily injury, or death, requiring offerors to include all medical records and bills, and changes the acceptance/payment timeline to not less than 40 days from receipt
- Allows seat belt nonuse to be admitted as evidence on issues of failure to mitigate damages, comparative negligence, apportionment of fault, and causation in civil actions — reversing prior law that barred such evidence — and limits landowner premises liability for injuries caused by third-party criminal acts by requiring clear and convincing evidence of the landowner's knowledge or active involvement
- Creates new asbestos litigation transparency requirements compelling plaintiffs to file all eligible bankruptcy trust claims within 30 days of filing suit, makes trust claims materials presumptively admissible, shields asbestos product liability defendants from liability for exposures from third-party products, and limits recoverable medical damages to amounts actually paid or owed
Legislative Description
O.C.G.A.; amend various titles; streamline the process of litigation
Last Action
House Second Readers
3/5/2020
Full Bill Text
No bill text available