TORT LAW



SS/SCS/SB 572 - Affirmatively states that occupational diseases are exclusively covered under workers’ compensation laws.
 Co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers’ compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.
 Civil actions involving injury or death filed by the employee shall not proceed until all administrative remedies are exhausted. Administrative actions brought under the workers’ compensation statutes shall toll civil action statutes of limitation.
 Toxic exposure is defined. In cases where occupational disease is caused by toxic exposure, there shall be no subrogation rights for employers.
 The death benefit for employees is raised from $5,000 to $10,000. (Vetoed 3/16/12)

HCS/HB 1108 – Prohibits bringing a cause of action against telecommunication or cell phone providers who provide information to law enforcement, under certain circumstances. (See Civil Practice & Procedure Law for a more complete summary of this bill). (Signed 7/6/12)

HB 1188 -Allows school boards to authorize a school nurse to maintain a supply of asthma-related rescue medications at the school. To obtain the medication, the school must obtain a prescription from a licensed physician, physician’s assistant, or nurse practitioner. A school nurse or other employee trained and supervised by the nurse may use the medication on a student he or she believes to be having a life-threatening asthma episode. A trained employee will be held harmless from civil liability if the medication is administered in good faith and according to standard medical practices. (Signed 7/5/12)

SS/SCS/HCS/HB 1280 - Authorizes the establishment of a peer review process for architects, landscape architects, professional land surveyors, and professional engineers. This act only applies to licensed architects, landscape architects, professional land surveyors, and professional engineers reviewing the type of documents that such a license would be required to draft.
 Third-party peer reviewers are granted immunity from civil liability for their actions if they are reasonably related to the peer review process, in good faith, and without malice. The peer review must be performed before substantial completion of the project to create immunity.
 Modifies rules of evidence as they apply to lessons learned performed after substantial completion and solely in house. Documents created during such a lessons learned process will be privileged, not subject to discovery, and inadmissible in any judicial or administrative action. A person who participated in such a lessons learned process shall not be permitted or required to disclose information they learned from the process.
 This act does not limit the authority of the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to obtain information from a peer reviewer. The provisions granting immunity to third-party peer reviewers will expire on January 1, 2023. Immunity granted to a person performing a peer review prior to that date will continue to be immune. The evidence rules modified by this act for lessons learned performed prior to that date will continue to be have such rules apply to them. (Signed 7/10/12)

HB 1495 – Expands immunity to insurers and others relating to insurance fraud investigations. (See Civil Practice & Procedure Law for a more complete summary of this bill). (Signed 7/12/12)

HB 1540 -States that co-employees shall be released from all liability for workplace injuries or death for which compensation is recoverable under the workers’ compensation statutes. However, the employee shall not escape liability when the employee engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. (See Workers’ Compensation for a more complete summary of this bill). (Signed 7/10/12)

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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