CCS SS#2 SS SCS HS HCS HB 1304 -- TORT REFORM

(VETOED BY THE GOVERNOR)

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

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

(2)  Establishes the following venues in all tort actions in
which the cause of action accrued outside Missouri:

(a)  For individual defendants, the venue will be in any county
within the judicial circuit of the individual's principal place
of residence; and

(b)  For corporate defendants, the venue will be in any county
within the judicial circuit where the corporate defendant's
registered agent is located or, if there are one or two
plaintiffs and either was a resident of Missouri at the time the
cause accrued, then the venue will be in any county within the
judicial circuit of a plaintiff's principal place of residence;

(3)  Defines the term "judicial circuit where the cause of action
accrued" for the purpose of determining venue in tort actions;

(4)  Requires motions to dismiss or transfer based upon improper
venue to be deemed granted if not denied within 90 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 it's more likely than not that the plaintiff will
present a submissible case on punitive damages;

(6)  Provides that a defendant will be jointly and severally
liable for the amount of compensatory and noneconomic damages
only with those defendants whose apportioned percentage of fault
is less than the defendant but not for more than the percentage
of punitive damages for which fault is attributed to the
defendant by the trier of fact;

(7)  Adds long-term care facilities licensed pursuant to Chapter
198, RSMo, to the definition of "health care provider" as used in
Chapter 538;

(8)  Changes the cap on noneconomic damages from its current
limit of $565,000 (after the annual inflation adjustment of the
base amount of $350,000 established in 1986) to $400,000, without
an inflation adjustment, and removes the per occurrence language
in response to a Missouri Supreme Court decision;

(9)  Limits civil damages recoverable against certain physicians,
dentists, hospitals, and others to $200,000 for the care or
assistance necessitated by traumatic injury and rendered in a
hospital emergency room;

(10)  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
the extension of time to file the affidavit to an additional 90
days.  The bill requires the expert to be licensed and authorized
to practice in substantially the same 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;

(11)  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;

(12)  Changes the requirements for awarding prejudgment interest
in tort actions;

(13)  Changes the rate of prejudgment interest awarded in tort
actions from 9% per annum to a rate equal to the federal funds
rate as established by the Federal Reserve Board, plus 3%.  The
rate of postjudgment interest awarded is changed from 9% per
annum to a rate equal to the federal funds rate as established by
the Federal Reserve Board, plus 5%;

(14)  Requires future medical periodic payments to be made in an
amount according to a schedule determined by the payee's life
expectancy and ties the applicable interest rate to the average
auction price of a 52-week United States Treasury bill;

(15)  Requires a judge to transfer a case to a proper forum if at
any time prior to the commencement of the trial, a plaintiff or
defendant is added or removed from a complaint who if originally
added or removed would have altered the determination of venue;

(16)  Includes a severability clause; and

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

The bill has been vetoed by the Governor.

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