PRIOR PRINTER'S NO. 1140 PRINTER'S NO. 1239
No. 1026 Session of 1993
INTRODUCED BY STEWART, FUMO, FISHER AND TILGHMAN, APRIL 27, 1993
SENATOR LEWIS, JUDICIARY, AS AMENDED, MAY 11, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 limitations on damages; AND EMPOWERING THE GOVERNOR TO <--
4 AUTHORIZE THE TRANSFER OF CERTAIN CONVICTED OFFENDERS
5 PURSUANT TO OUTSTANDING TREATIES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 8528(c) SECTIONS 8528 AND 8553(B) AND (C) <--
9 of Title 42 of the Pennsylvania Consolidated Statutes is ARE <--
10 amended to read:
11 § 8528. Limitations on damages.
12 * * * <--
13 (A) GENERAL RULE.--ACTIONS FOR WHICH DAMAGES ARE LIMITED BY <--
14 REFERENCE TO THIS SUBCHAPTER SHALL BE LIMITED AS SET FORTH IN
15 THIS SECTION.
16 (B) AMOUNT RECOVERABLE.--DAMAGES ARISING FROM THE SAME CAUSE
17 OF ACTION OR TRANSACTION OR OCCURRENCE OR SERIES OF CAUSES OF
18 ACTION OR TRANSACTIONS OR OCCURRENCES SHALL NOT EXCEED
19 [$250,000] $500,000 IN FAVOR OF ANY PLAINTIFF OR $1,000,000 IN
1 THE AGGREGATE.
2 (c) Types of damages recoverable.--Damages shall be
3 recoverable only for:
4 (1) Past and future loss of earnings and earning
5 capacity.
6 (2) Pain and suffering.
7 (3) Medical and dental expenses including the reasonable
8 value of reasonable and necessary medical and dental
9 services, prosthetic devices and necessary ambulance,
10 hospital, professional nursing, and physical therapy expenses
11 accrued and anticipated in the diagnosis, care and recovery
12 of the claimant.
13 (4) Loss of consortium.
14 (5) Property losses, except that property losses shall
15 not be recoverable in claims brought pursuant to section
16 8522(b)(5) (relating to potholes and other dangerous
17 conditions).
18 (6) Delay damages to the extent that delay damages are
19 calculated based upon the amount recoverable under subsection
20 (b).
21 § 8553. LIMITATIONS ON DAMAGES. <--
22 * * *
23 (B) AMOUNTS RECOVERABLE.--DAMAGES ARISING FROM THE SAME
24 CAUSE OF ACTION OR TRANSACTION OR OCCURRENCE OR SERIES OF CAUSES
25 OF ACTION OR TRANSACTIONS OR OCCURRENCES SHALL NOT EXCEED
26 $500,000 IN FAVOR OF ANY PLAINTIFF OR $1,000,000 IN THE
27 AGGREGATE.
28 (C) TYPES OF LOSSES RECOGNIZED.--DAMAGES SHALL BE
29 RECOVERABLE ONLY FOR:
30 (1) PAST AND FUTURE LOSS OF EARNINGS AND EARNING
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1 CAPACITY.
2 (2) PAIN AND SUFFERING IN THE FOLLOWING INSTANCES:
3 (I) DEATH; OR
4 (II) ONLY IN CASES OF PERMANENT LOSS OF A BODILY
5 FUNCTION, PERMANENT DISFIGUREMENT OR PERMANENT
6 DISMEMBERMENT WHERE THE MEDICAL AND DENTAL EXPENSES
7 REFERRED TO IN PARAGRAPH (3) ARE IN EXCESS OF $1,500.
8 (3) MEDICAL AND DENTAL EXPENSES INCLUDING THE REASONABLE
9 VALUE OF REASONABLE AND NECESSARY MEDICAL AND DENTAL
10 SERVICES, PROSTHETIC DEVICES AND NECESSARY AMBULANCE,
11 HOSPITAL, PROFESSIONAL NURSING, AND PHYSICAL THERAPY EXPENSES
12 ACCRUED AND ANTICIPATED IN THE DIAGNOSIS, CARE AND RECOVERY
13 OF THE CLAIMANT.
14 (4) LOSS OF CONSORTIUM.
15 (5) LOSS OF SUPPORT.
16 (6) PROPERTY LOSSES.
17 (7) DELAY DAMAGES TO THE EXTENT THAT DELAY DAMAGES ARE
18 CALCULATED BASED UPON THE AMOUNT RECOVERABLE UNDER SUBSECTION
19 (B).
20 * * *
21 SECTION 2. CHAPTER 91 OF TITLE 42 IS AMENDED BY ADDING A
22 SUBCHAPTER TO READ:
23 CHAPTER 91
24 DETAINERS AND EXTRADITION
25 * * *
26 SUBCHAPTER D
27 EXCHANGE OF OFFENDERS UNDER TREATY
28 SEC.
29 9171. EXCHANGE OF OFFENDERS UNDER TREATY.
30 § 9171. EXCHANGE OF OFFENDERS UNDER TREATY.
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1 WHENEVER A TREATY IS IN FORCE PROVIDING FOR THE TRANSFER OF
2 CONVICTED OFFENDERS BETWEEN THE UNITED STATES AND A FOREIGN
3 COUNTRY, THE GOVERNOR OR HIS DESIGNEE, UPON APPLICATION OF THE
4 COMMISSIONER OF CORRECTIONS, IS AUTHORIZED TO GIVE THE APPROVAL
5 OF THE COMMONWEALTH TO TRANSFER AS PROVIDED IN THE TREATY.
6 Section 2 3. The amendment of 42 Pa.C.S. § 8528 shall apply <--
7 to actions pending on or after the effective date of this act in
8 which damages for delay have not been determined.
9 Section 3 4. This act shall take effect immediately. <--
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