HB 1304 -- Tort Reform

Sponsor:  Byrd

This bill makes changes to the laws affecting claims for damages
and the payment thereof.  In its main provisions, the bill:

(1)  Establishes venue in all tort actions in which the cause of
action occurred in Missouri, including torts for improper health
care, in the county where the cause of action occurred;

(2)  Establishes venue in all tort actions in which the cause of
action occurred outside Missouri:

(a)  For individual defendants, in the county of the individual's
principal place of residence; and

(b)  For corporate defendants, in the county where the corporate
defendant's registered agent is located or, if no registered
agent is reported or maintained, in Cole County;

(3)  Establishes venue in all actions in which a county is
plaintiff in the county where the defendant resides, or in the
county suing and where the defendant may be found;

(4)  Requires motions to dismiss or transfer based upon improper
venue to be deemed granted if not denied within 60 days, unless
the time period is waived in writing by all parties;

(5)  Allows discovery of a defendant's assets in tort actions,
including torts for improper health care, only after a court
determines that the plaintiff has a submissible case on punitive
damages;

(6)  Defines "costs" to mean the total of fees, miscellaneous
charges, and surcharges (defined in Section 488.010, RSMo), as
well as reasonable charges and fees of endorsed expert witnesses
and court reporters and reasonable expenses for travel, record
retrieval, photocopying, long distance telephone calls, exhibit
preparation, and videotaping;

(7)  Provides that offers of settlement in all tort actions in
which claimed damages exceed $25,000 may be made by either party
from 120 days after filing of the defendant's initial responsive
pleading to 60 days prior to trial and must be made in writing
and left open for 60 days;

(8)  Awards costs to the prevailing party, defined as the
plaintiff if the plaintiff's net recovery is greater than the
plaintiff's offer of settlement, and defined as the defendant if
the plaintiff's net recovery is less than the defendant's offer
of settlement.  If the plaintiff's net recovery is between the
parties' offers of settlement, neither party pays the costs of
the other party;

(9)  Permits a trial court, upon application, to extend the 60-
day period for accepting or rejecting settlement offers
consistent with an offer referring the cause to mediation;

(10)  Provides that a defendant will be jointly and severally
liable for the amount of compensatory and noneconomic damages
only if the defendant is found to bear 50% or more of the fault,
and a defendant will not be jointly and severally liable for more
than the percentage of punitive damages for which fault is
attributed to the defendant by the trier of fact;

(11)  Adds long-term care facilities licensed pursuant to Chapter
198 (Convalescent, Nursing, and Boarding Homes) to the definition
of "health care provider" as used in Chapter 538 (Tort Actions
Based on Improper Health Care);

(12)  Increases the cap on noneconomic damages from $350,000 to
$400,000, removes the "per occurrence" language in order to
overrule a Missouri Supreme Court decision, and eliminates the
requirement that award limitations for noneconomic damages be
adjusted annually for inflation;

(13)  Limits civil damages recoverable against certain
physicians, dentists, hospitals, and others to $400,000 for care
or assistance necessitated by traumatic injury and rendered in a
hospital emergency room;

(14)  Makes it mandatory rather than discretionary that a court
dismiss any medical malpractice claim for which the plaintiff
fails to file the required supporting expert affidavit and limits
extensions of time to file the affidavit to an additional 90
days.  The bill also requires the expert to be licensed in
substantially the same profession and specialty as the defendant
and allows any defendant to request that the court review the
expert opinion to determine whether the expert meets the required
qualifications;

(15)  Prohibits statements, writings, or benevolent gestures
expressing sympathy from being admissible as evidence of an
admission of liability in a civil action.  Statements of fault
will be admissible;

(16)  Authorizes the filing of a "miscellaneous" case for the
purpose of securing copies of health care records and details
what the petition should and should not contain;

(17)  Includes a severability clause; and

(18)  Clarifies that the provisions of the bill will only apply
to causes of action filed after August 28, 2004.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am