HB 741 -- Tort Actions for Asbestos Claims

Sponsor:  Byrd

This bill establishes the requirements for a tort action based on
an asbestos claim.  In its main provisions, the bill:

(1)  Requires the plaintiff to prove exposure to asbestos was
either manufactured, supplied, installed, or used by the
defendant and that the defendant's exposure was a substantial
factor in causing the injury or loss on which the cause of action
is based;

(2)  Requires the plaintiff to file within 30 days after filing a
complaint, a written report and supporting test results as
evidence for a prima facie case.  The defendant has 120 days to
challenge the adequacy of the plaintiff's evidence;

(3)  Requires the plaintiff on any claim pending on August 28,
2005, to file a written report with any supporting test results
within 120 days.  Any cause of action that arises before August
28, 2005, is required to follow the same procedure, unless a
substantive right of a party has been impaired or it is a
violation of the Missouri Constitution;

(4)  Requires a tort action alleging an asbestos claim based upon
a nonmalignant condition or lung cancer of an exposed person who
is a smoker to show that the exposed person has a physical
impairment which is a result of a medical condition, and the
exposure to asbestos is a substantial contributing factor to the
medical condition;

(5)  Requires an asbestos claim based upon a wrongful death to
show that the death of the exposed person was the result of a
physical impairment, the death and physical impairment were a
result of a medical condition, and the exposure to asbestos was a
substantial contributing factor to the medical condition;

(6)  Specifies that the minimum requirements to prove a prima
facie case for lung cancer and wrongful death include a diagnosis
by a competent medical authority, evidence to demonstrate that at
least 10 years have elapsed from the date of the first exposure
until the diagnosis or death, evidence of the exposed person's
substantial occupational exposure, and evidence of exposure to
asbestos at least equal to 25 fiber per cc years as determined to
a reasonable degree of scientific probability;

(7)  Specifies that no court will require or allow a decedent's
body to be exhumed for the purpose of obtaining evidence to make
or oppose a prima facie case;

(8)  Specifies that no prima facie showing is required in an
asbestos claim based upon mesothelioma;

(9)  Requires evidence relating to physical impairments to comply
with the testing procedures, quality assurance, quality control,
and equipment incorporated in the American Medical Association's
guidelines;

(10)  Specifies that when a court renders a decision on the prima
facie showing, the court's decision is not admissible at trial,
is not conclusive as to the liability of the defendant, and does
not result in the presumption that the exposed person has a
physical impairment that is caused by an asbestos-related
condition;

(11)  Requires the court to dismiss a suit without prejudice if a
court finds that the plaintiff has failed to provide sufficient
evidence to support a case;

(12)  Specifies that the statute of limitations will not begin to
run until the exposed person has a cause of action for bodily
injury;

(13)  Specifies that no settlement of an asbestos claim for a
nonmalignant condition after August 28, 2005, will require the
individual to sign a release of any future claim for
asbestos-related cancer;

(14)  Specifies that a holder is not obligated in an asbestos
claim unless the plaintiff can illustrate that the holder exerted
such control over the entity that it had no separate mind, will,
or existence of its own; the holder used the entity as a means of
perpetrating an actual fraud on the plaintiff; and the plaintiff
sustained an injury or unjust loss; and

(15)  Defines the terms "corporation," "covered entity,"
"holder," and "piercing the corporate veil."

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm