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NC S674
Bill
AI Summary
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Establishes Rule 414 of the North Carolina Rules of Evidence allowing evidence of all medical bills paid and amounts necessary to satisfy unpaid bills, including payment sources and subrogation rights.
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Creates new Chapter 8, Article 7D allowing defendants to introduce evidence of collateral source payments (insurance, disability benefits, health plans) received by plaintiffs, reduced by amounts paid to secure those payments.
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Amends Rule 702 expert testimony standards to require that expert opinions be based on sufficient facts, reliable principles and methods, and reliable application to the case facts.
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Modifies G.S. 6-21.1 to increase the damages threshold for awarding attorney's fees from $10,000 to $15,000 in insurance cases, caps such fees at the higher of $5,000 or 50% of damages awarded, and requires written findings when fees are awarded.
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Creates new Chapter 1F establishing comparative fault apportionment requiring juries to assign percentage responsibility to all parties and released persons, eliminating joint and several liability except where required by statute or for parties liable for another's acts.
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Enacts Chapter 38B (Trespasser Responsibility Act) eliminating landowner duty of care to trespassers except for intentional harms, harms to trespassing children from artificial conditions, and reasonable force to repel criminal trespassers.
Legislative Description
Civil Justice System Reforms
Last Action
Ref To Com On Judiciary I
4/20/2011