Bill Summary for H 542 (2011-2012)

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Summary date: 

Jun 13 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 542 (Public) Filed Wednesday, March 30, 2011
Intro. by Rhyne, McComas, Brisson, Crawford.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition. Deletes proposed GS 99B-12 and amendment to GS 99B-1, concerning product liability actions. Rewrites proposed Rule 414 in Article 4 of GS Chapter 8C to clarify that nothing in the rule modifies current law governing admissibility of evidence relating to collateral sources of payment, except that a provider, as defined, may disclose the existence of a contract or negotiation with a third party as the basis for any discount provided to a plaintiff. Amends proposed GS 8-58.1(c) to clarify that no presumption is established that the services provided were necessary because of injuries caused by the acts or omissions of an alleged tortfeasor. Amends GS 6-21.1(a) to provide that, along with other requirements, a judge may allow reasonable attorneys’ fees to the attorney representing the litigant, in certain cases, when the amount of damages recovered exceeds the highest offer made by the defendant no later than 90 days before commencement of the trial (removes language providing for different timetables depending on whether there was court-ordered mediation). Makes a conforming change to GS 6-21.1(b).
Provides that if Senate Bill 33 of the 2011 Session of the General Assembly becomes law, then a clarifying change is made to GS 90-21.12(b) as enacted by Senate Bill 33. This provision is effective when it becomes law.
Makes other clarifying changes. Makes provisions concerning the proposed Trespasser Responsibility Act effective October 1, 2011, and applicable to causes of actions arising on or after that date. All other provisions, unless noted, are effective October 1, 2011, and apply to actions commenced on or after that date.