Tort Law

Bill Search

SB 5 – Child pornography. (See Criminal Law)

SB 41 (See also SB 62, HB 60 and HB 189) – Defensive use of force – Castle Doctrine. (See Criminal Law)

SB 78 (See also HB 121) – Liability for tort claims against the state or its public entities. Limits the liability of the state or its public entities and any agent, officer, or employee thereof that arises from the operation of a motor vehicle, or from causing or contributing to cause a dangerous condition of property, to two million dollars for a single occurrence, and to no more than three hundred thousand dollars for any one person for a single occurrence. Provides if the operator of a motor vehicle is found to be immune from liability, the state or its public entities shall also have no liability.

SB 117 – Exempts ski area operators from liability for inherent risks related to skiing. Presumes that a skier expressly assumes the risks and responsibilities for injury, death, or loss to person or property that results from the inherent risks of skiing, and exempts ski area operators from liability for operating such facilities, provided that the ski area operator follows certain responsibilities delineated under this act. Provides that the ski area operator shall not owe a skier the common law duty that a premises owner owes to business invitees, but shall only owe the duty to use ordinary care. Sets forth certain responsibilities of skiers. Ski area operators and skiers who fail to fulfill the responsibilities listed under the act shall be liable for injury, death, or loss to person or property caused by his or her failure to fulfill responsibilities under this act.

SB 273 – State Legal Expense Fund. (See Health/Hospital Law)

SB 327 – Insurance company’s right to intervene in civil actions to determine coverage obligations. Allows an insurer the right to intervene in such action and request the court to determine the extent of the it’s coverage obligations, while reserving its rights with regard to providing coverage for the claims in the underlying civil action whenever a civil action is filed and an insurer may be obligated to provide a defense to such action or indemnity for any judgment rendered. Requires the court to determine the extent of coverage before proceeding with the merits of the underlying action when an insurer does intervene, and provides that the judgment of the trial court as to coverage is immediately appealable, notwithstanding issues relating to the underlying action remaining unresolved. Provides that the insurer shall be dismissed from the underlying action when a judgment on the issues of coverage becomes final. If the insurer previously has undertaken the defense of the person named as a defendant in the underlying action and the final judgment on the coverage issues determines that it has no obligation to provide such defense, it may withdraw such defense.

SB 380 – Health care professionals. (See Health/Hospital Law)

SB 399 (See also HB 469) – Liability protections for school employees and volunteers. (See Education/School Law)

HB 82 – Failure to wear safety belt. Changes the laws regarding the mitigation of damages for failure to wear a safety belt. In an automobile injury accident case, provides that a plaintiff’s damage award may be reduced by no more than 50% if the plaintiff was not wearing a seat belt.

HB 222 – Consent to settle. Requires the Department of Insurance, Financial Institutions, and Professional Registration to promulgate rules defining the terms “claim” and “consent to settle” as they relate to medical malpractice insurance claims. Requires physicians be offered consent to settle without participation in binding arbitration.

HB 261 – Missouri Successor Asbestos-Related Liability Fairness Act. Creates the Missouri Successor Asbestos-Related Liability Fairness Act. In its main provisions, the bill:

(1) Defines “asbestos claim” as any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos;

(2) Defines “corporation,” “successor,” “successor asbestos- related liabilities” and “transferor;”

(3) Limits the cumulative successor liability of a corporation to the fair market value of the total gross assets of the transferor determined at the time of the merger or consolidation;

(4) Specifies methods for calculating a successor corporation’s fair market value of total gross assets;

(5) Establishes the coefficient for increasing the fair market value of total gross assets on a year-by-year basis by taking the sum of the prime rate of interest plus 1%; and

(6) Makes the act applicable to all asbestos claims filed on or after the effective date of the bill and any pending asbestos claims in which the trial has not commenced by the bill’s effective date.

HB 407 (See also SB 326) – The Uninsured Motorist Stipulation of Benefits Act of 2007. Establishes The Uninsured Motorist Stipulation of Benefits Act of 2007. Provides that an uninsured motorist involved in an accident with an insured motorist waives his or her right to recover non-economic damages. Limits the uninsured motorist’s right to recovery to economic damages. Provides that the waiver does not apply if it can be proven that the insured motorist caused the accident and was under the influence of drugs or alcohol or is convicted of vehicular assault or homicide. The act will not apply to a motorist whose insurance policy was terminated for failure to pay the premium unless notice of termination for failure to pay was provided by the insurer at least 30 days prior to the time of the accident. Passengers in the uninsured motor vehicle are not subject to the waiver (Section 303.390).
Oppose.

HB 408 – Failure to wear a safety belt. Increases the fine for failure to wear a safety belt from $10 to up to $50 and allows the failure to wear a safety belt to be admitted when mitigating damages.

HB 512 – Asbestos and Silica Claims Priorities Act. Establishes the Asbestos and Silica Claims Priorities Act. The act:

(1) Defines “claimant,” “asbestos claim,” “asbestosis,” “silica claim,” “silicosis,” and “qualified physician;”

(2) Requires the exposure of asbestos or silica to be a substantial factor to the physical impairment of the exposed person;

(3) Disallows asbestos- or silica-related claims brought on behalf of a class or group except in claims relating to the exposed person and members of his or her household;

(4) Requires a tort action alleging an asbestos claim based upon the nonmalignant condition of an exposed person to show that the exposed person has a physical impairment where exposure to the defendant’s asbestos is a substantial factor to the physical impairment;

(5) Requires that a detailed narrative medical report and diagnosis by a qualified physician be included in any prima facie showing on behalf of a plaintiff’s asbestos- or silica-related claim;

(6) Specifies that any alleged mesothelioma claim requires a prima facie showing of an asbestos-related malignant tumor;

(7) Specifies that any evidence relating to the prima facie showing of physical impairment related to the defendant’s asbestos or silica exposure will not be conclusive as to the liability of the defendant;

(8) Requires evidence relating to physical impairment to comply with technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment incorporated in the American Medical Association’s Guides to the Evaluation of Permanent Impairment;

(9) Requires evidence verifying that the diagnosing, qualified physician has taken a detailed medical and smoking history from the exposed person, including a thorough review of the exposed person’s past and present medical problems and the most probable cause;

(10) Requires specific medical testing procedures for a showing of physical impairment; and

(11) Specifies that an asbestos- or silica-related claim arising out of a nonmalignant condition is a distinct cause of action from a claim for an asbestos- or silica-related cancer.

HB 597 – Qualifying standards for expert witnesses in certain cases. Establishes qualifications for expert witnesses in cases involving medical malpractice claims. Requires an expert witness be a licensed physician certified by the American Board of Medical Specialties or the American Board of Osteopathic Specialties in an area directly related to the claim. Requires the witness to be actively engaged in the clinical practice of medicine with at least three-fourths of his or her time dedicated to the same or substantially similar specialty as the defendant within one year of the date of the alleged occurrence. Any physician licensed in another state who testifies as an expert witness in Missouri will be deemed to have a temporary license for the practice of medicine in this state. Renders evidence inadmissible if it has been obtained under an agreement with a third party who receives a contingency fee for providing, locating, or arranging for a medical expert witness. It will be considered unprofessional conduct for any expert to provide medical testimony on a contingency fee basis or testimony that the expert knows is false, fraudulent, or misleading.

HB 599 – Health care liens. (See Health/Hospital Law)

HB 618 – Good Samaritan law. (See Health/Hospital Law)

HB 659 – Sovereign immunity. Adds not-for-profit organizations that provide or contract for ambulance services under the authority of a municipality to the definition of “public entity” for purposes of sovereign immunity.