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2004 SESSION

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Senate Committee on Courts of Justice
Subcommittee Tort Reform Subcommittee #1

Norment, Quayle, Howell, Mims, Cuccinelli

Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: February 27, 2004
Time and Place: Friday, 10:00 A.M., 3rd Floor East Conference Room, GAB

H.B. 137

Patron: Kilgore

Civil procedure; disclosure of insurance liability limits. Requires disclosure of the liability limits to an attorney for an injured person, prior to the filing of a civil action for personal injuries resulting from a motor vehicle accident, after the attorney provides written notice of representation.

H.B. 624

Patron: O'Bannon

Civil procedure; medical malpractice actions; nonsuits. Permits a court, in a medical malpractice case, to assess as costs against a party who gives notice of a nonsuit fewer than eight days before trial reasonable witness fees and travel costs of expert witnesses. If notice to suffer a nonsuit is given on or after the first day of trial, the court may assess against the nonsuiting party the reasonable costs incurred by the other party due to the late notice, including reasonable expert witness fees and travel, court reporter appearance fees, and fees for service of process incurred for witnesses at trial. Under current law, a court may assess only witness fees and travel costs for expert witnesses if a party gives notice of the nonsuit within five days of trial. This bill affects only those nonsuit provisions for actions maintained under the medical malpractice statute (Chapter 21.1 (§ 8.01-581.1 et seq.) of Title 8.01).

H.B. 1127

Patron: McDonnell

Venue; civil actions. Provides that Category B venue includes counties or cities in which the defendant regularly conducts substantial business activity. Under current law, Category B venue includes counties or cities in which the defendant regularly conducts affairs or business activity.

H.B. 1372

Patron: Janis

Product liability; products containing open and obvious dangers. Exempts manufacturers or sellers from liability for claims of injury due to voluntary use of a product containing open and obvious dangers, and directly caused by the open and obvious dangers of that product. Such products are limited to (i) food products made with sugar, butter or hydrogenated oils or transfats, (ii) tobacco, or (iii) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.