THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW, GREENLEAF, RAFFERTY, EARLL, ALLOWAY, COSTA AND LEACH, MAY 5, 2009

REFERRED TO JUDICIARY, MAY 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for permissible

argument as to damages at trial.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4566.  Permissible argument as to damages at trial.

(a)  Permissible argument.--Subject to subsection (b), in any

civil action tried before a judge, jury or other tribunal, a

party may make any of the following arguments during closing

argument and after the judge, jury or other tribunal has

requested for the argument to be made:

(1)  Specifically argue in lump sums or by mathematical

formula the amount he or she deems to be an appropriate award

for all past and future economic or noneconomic damages or

both economic and noneconomic damages claimed to be

recoverable.

(2)  Argue that an award of zero damages is appropriate,

even if there is a finding of liability against the

defendant.

(b)  Disclosure.--

(1)  Except as provided in paragraph (2), a party may not

argue a specific sum as provided in subsection (a) unless the

party first discloses to the court and opposing counsel that

the party intends to argue the specific damages listed in

subsection (a) prior to the presentation of closing

arguments.

(2)  Notwithstanding paragraph (1), arguments as to the

appropriate amount of economic damages may be made without

notice to opposing counsel if evidence supporting economic

damages has been introduced to trial.

(c)  Facts and evidence.--Nothing in this section shall be

construed to prevent a defendant from arguing in any case that

the facts and evidence support a finding of no liability.

(d)  Jury instruction.--Whenever, in a civil action, tried

before a jury, a specific lump sum or mathematical formula is

argued during closing arguments as provided for in subsection

(a), the trial court shall instruct the jury that the sum or

mathematical formula argued is not evidence but only arguments

and that the determination of the amount of appropriate damages

to be awarded, if any, is solely for the jury's determination.

Section 2.  This act shall take effect in 60 days.