H.B. No. 0118 |
Loss of chance doctrine abrogated. |
Sponsored By: Representative(s) Hallinan, Cohee, Dockstader, Edmonds, Iekel, Jorgensen, Lubnau, McOmie, Miller, Millin and Stubson and Senator(s) Hines, Landen and Perkins
AN ACT relating to civil actions; abrogating the common law doctrine of "loss of chance" as specified; providing legislative findings; specifying applicability; and providing for an effective date.
2/11/2008 Bill Number Assigned
2/12/2008 H Received for Introduction
2/13/2008 H Introduced and Referred to H10
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Brechtel, Childers, Cohee, Davison, Dockstader, Edmonds, Edwards, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, McOmie, Mercer, Meyer, Miller, Millin, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Slater, Steward, Stubson, Teeters, Thompson, Wallis and Zwonitzer, Dv.
Nays: Representative(s) Bagby, Berger, Blake, Brown, Buchanan, Craft, Diercks, Esquibel, F., Esquibel, K., Gilmore, Gingery, Hales, Martin, Olsen, Simpson, Throne, Warren, White and Zwonitzer, Dn.
Ayes 41 Nays 19 Excused 0 Absent 0 Conflicts 0
2/19/2008 H10 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Hallinan, Harvey, Iekel, Landon, Lubnau, Millin and Steward
Nays: Representative(s) Esquibel, K. and Hales
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/19/2008 H Placed on General File
HB0118HW002/ADOPTED
Delete the Hallinan committee of the whole amendment (HB0118HW001/A) entirely and further amend as follows:
Page 2-line 2 After "based." delete balance of line.
Page 2-lines 3 through 6 Delete entirely.
Page 2-line 7 Delete "Therefore,"; after "abrogated" insert "for any person unable to establish a loss of chance of twenty-five percent (25%) or more. In a civil action resulting in a successful loss of chance claim, the damages recoverable by the plaintiff shall equal the total sum of the damages for the underlying injury or death multiplied by the percentage of the chance for successful treatment that was determined to have been lost as a result of the negligence of the defendant". HALLINAN, MILLIN, SIMPSON
2/21/2008 H Passed CoW
2/22/2008 H Passed 2nd Reading
2/25/2008 H Laid Back Pursuant to HR 9-3
HB0118H3001/FAILED
Delete the Hallinan committee of the whole amendment (HB0118HW002/A) entirely. STEWARD, ILLOWAY
2/26/2008 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Dockstader, Edwards, Esquibel, F., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Jaggi, Jones, Jorgensen, Lockhart, Lubnau, Madden, Martin, McOmie, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Diercks, Edmonds, Esquibel, K., Illoway, Landon and Mercer
Ayes 54 Nays 6 Excused 0 Absent 0 Conflicts 0
2/27/2008 S Received for Introduction
2/27/2008 S Introduced and Referred to S10; No Report Prior to CoW Cutoff
3/4/2008 S Died In Committee