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NC S674

Bill

Status

Introduced

4/19/2011

Primary Sponsor

Harry Brown

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary I4/20/2011

Full Bill Text

No bill text available