HB 755 -- Tort Reform

Sponsor:  Avery

This bill changes the laws regarding 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 a Missouri venue that is in any county within
the judicial circuit where the cause of action accrued;

(2)  Defines "judicial circuit where the cause of action accrued"
as the judicial circuit where the plaintiff was first injured by
the wrongful acts or negligent conduct alleged in the action;

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

(a)  For corporate defendants, in any county within the judicial
circuit where the registered agent is located or, if the
plaintiff's principal place of residence was in Missouri when the
plaintiff was first injured, in any county within the judicial
circuit of the plaintiff's principal place of residence on the
date the cause of action accrued; and

(b)  For individual defendants, in any county within the judicial
circuit of the defendant's principal place of residence in
Missouri or, if the plaintiff's principal place of residence was
in Missouri when the plaintiff was first injured, in any county
within the judicial circuit of the plaintiff's principal place of
residence on the date the cause of action accrued;

(4)  Specifies that in wrongful death actions the plaintiff is
considered first injured where the decedent was first injured by
the wrongful acts or negligent conduct alleged in the action;

(5)  Specifies that in a spouse's claim for loss of consortium
the plaintiff claiming consortium is considered first injured
where the other spouse was first injured by the wrongful acts or
negligent conduct alleged in the action;

(6)  Requires prejudgment interest to be calculated 90 days after
the demand or offer is received by certified mail, return receipt
requested.  The demand or offer must be in writing, be
accompanied by an affidavit from the claimant describing the
legal theory and damages claimed, list the medical providers of
the claimant, include other medical information, contain
authorization to allow the other party to obtain employment and
medical records, and be left open for 90 days;

(7)  Specifies that claims for prejudgment and post-judgment
interest in tort actions are calculated at an interest rate that
is equal to the Federal Funds Rate plus 3% for prejudgment
interest and 5% for post-judgment interest;

(8)  Defines "punitive damage award" to include an award for
punitive or exemplary damages as well as an award for aggravating
circumstances;

(9)  Allows discovery of a defendant's assets only after the
trial court finds that the plaintiff will have a submissible case
for punitive damages;

(10)  Specifies that in tort actions for damages, a defendant is
jointly and severally liable for the amount of compensatory and
non-economic damages rendered against defendants only with
defendants whose apportioned percentage of fault is less than the
defendant's;

(11)  Includes long-term care facilities licensed under Chapter
198, RSMo, in the definition of "health care provider."
Exemplary damages and damages for aggravating circumstances are
included in the definition of "punitive damages";

(12)  Increases the cap on non-economic damages for all
plaintiffs to $400,000, irrespective of the number of defendants,
and repeals provisions allowing the cap on non-economic damages
to be adjusted based on inflation;

(13)  Requires future medical payments to be made in an amount
according to a schedule determined by the payee's life
expectancy.  The court must apply interest on future payments at
an interest rate equal to the average auction price of a 52-week
United States Treasury bill;

(14)  Specifies that health care providers who provide care in a
hospital may not be liable for more than $200,000 in non-economic
damages for claims arising out of an act or omission in rendering
care in an emergency room;

(15)  Requires a court to dismiss any medical malpractice claim
where the plaintiff fails to file an affidavit stating that he or
she has obtained the written opinion of a legally qualified
health care provider which states that the defendant failed to
use reasonable care that caused the plaintiff's damages.
Currently, the court gives discretion as to whether or not to
dismiss a claim under these circumstances;

(16)  Prohibits statements, writings, or benevolent gestures
expressing sympathy made to the person or the family from being
admitted into evidence;

(17)  Authorizes the appointment of a peer review committee by
the board of trustees or chief executive officer of a long-term
care facility licensed under Chapter 198; and

(18)  Specifies that the provisions of the bill apply to all
causes of action filed after August 28, 2005.

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