PRINTER'S NO. 1845
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1300
Session of
2024
INTRODUCED BY LANGERHOLC, DUSH, VOGEL, LAUGHLIN, PHILLIPS-HILL,
DiSANTO AND J. WARD, JULY 25, 2024
REFERRED TO JUDICIARY, JULY 25, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, further providing for limitations on
damages relating to actions against Commonwealth parties and
for limitations on damages relating to actions against local
parties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8528(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 8528. Limitations on damages.
* * *
(b) Amount recoverable.--Damages arising from the same cause
of action or transaction or occurrence or series of causes of
action or transactions or occurrences shall not exceed $250,000
in favor of any plaintiff or $1,000,000 in the aggregate[.],
except in cases involving permanent dismemberment or death, in
which case damages arising from the same cause of action or
transaction or occurrence or series of causes of action or
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transactions or occurrences shall not exceed $1,000,000 in favor
of any plaintiff or $2,000,000 in the aggregate.
* * *
(c.1) Insurance benefits.-- If a claimant receives or is
entitled to receive benefits under a policy of insurance other
than a life insurance policy as a result of losses for which
damages are recoverable under subsection (c), the amount of the
benefits shall be deducted from the amount of damages that would
otherwise be recoverable by the claimant.
* * *
Section 2. Section 8553(b) and (c)(2)(ii) of Title 42 are
amended to read:
§ 8553. Limitations on damages.
* * *
(b) Amounts recoverable.--Damages arising from the same
cause of action or transaction or occurrence or series of causes
of action or transactions or occurrences shall not exceed
$500,000 in the aggregate[.], except in cases involving
permanent dismemberment or death, in which case damages arising
from the same cause of action or transaction or occurrence or
series of causes of action or transactions or occurrences shall
not exceed $1,000,000 in the aggregate.
(c) Types of losses recognized.--Damages shall be
recoverable only for:
* * *
(2) Pain and suffering in the following instances:
* * *
(ii) only in cases of permanent loss of a bodily
function, permanent disfigurement or permanent
dismemberment where the medical and dental expenses
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referred to in paragraph (3) are in excess of [$1,500]
$10,000.
* * *
Section 3. This act shall apply to all causes of action or
transactions or occurrences, or series of causes of action or
transactions or occurrences that occurred on or after the
effective date of this section.
Section 4. This act shall take effect in 60 days.
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