Legislature(1995 - 1996)
04/03/1996 02:05 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 158(JUD) "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." Daniella Loper, aide to Representative Brian Porter was invited to join the committee and summarized the bill. She clarified statutory limitations and said there was a limited cap for certain specified injuries. She further said this bill would ask for an eight to ten year statute of repose. They have re-iterated the State of Alaska Supreme Court regarding the definition of punitive damages and a formula for making awards. The Court could also require posting of security on payments for mandatory insurance. Fault should be allocated to all parties. Any offer of judgement made within 5% of the judgment that is rendered the party declining the offer will have to pay the other parties' attorney fees and actual costs. A provision for civil liability for hospitals for non-employees has been included. Another provision has been included to help guard against lawsuits. She referred to a mandatory arbitration section and a mandatory insurance rate if the bill should pass. Co-chairman Halford posed a question on section 9 as it applied to the breakout of liabilities by percentages. No percentage could be allocated to any party or to the problem that is prohibited or protected by the statute of repose. He related a hypothetical case. Senator Frank said he would assume that portion that could not be assigned under the statute of repose would just go unassigned. (Miscellaneous conversation between committee members and Ms. Loper regarding hypothetical cases.) She said that Representative Porter does not support section 9 because it deletes a portion of the fault. But this was what the voters voted for. She further said if section 9 is implemented it would not change much to current law. Chris Christensen was invited to join the committee. He said the Court System did not support section 12, mandatory arbitration. He said the state will also have to pay for arbitration if the plaintiff is indigent. Jeff Bush, Commerce & Economic Development was invited to join the committee. He said there was a problem with the statute of repose under section 9. Deborah Behr, Department of Law was also invited to join the committee and testified regarding allocation of fault. She explained that in 1994 a Supreme Court ruling there was an apportionment of fault among all defendants. "All defendants" means "all persons joined in a legal action". If they are not joined, fault to that particular person cannot be allocated. Co-chairman Halford continued this matter until tomorrow at 9:00 a.m. ADJOURNMENT Co-chairman Halford adjourned the meeting at approximately 3:45 P.M. until tomorrow morning.
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