COMMITTEE SUBSTITUTE
FOR
H. B. 4120
(By Delegates Webster, Brown, Shook, Hamilton, Azinger,
Fleischauer
, Miley, Mahan and Proudfoot)
(
Originating in the Committee on the Judiciary
)
[February 5, 2008]
A BILL to amend of the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-25, relating to
prohibiting inclusion of specific dollar amounts or figures
related to damages in complaints for personal injury or
wrongful death
actions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §55-7-25, to read as
follows:
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-25. Personal injury and wrongful death actions; complaint;
specific amount of damages not to be stated.
In any action to recover damages for personal injury or
wrongful death, no specific dollar amount or figure relating to damages being sought may be included in the complaint. However,
the complaint may include a statement reciting that the amount in
controversy satisfies the minimum jurisdictional amount established
for filing the action. Further, and pursuant to the West Virginia
Rules of Civil Procedure pertaining to discovery, any party
defendant may at any time request a written statement setting forth
the nature and amount of damages sought. The request shall be
served upon the plaintiff who shall serve a responsive statement as
to the nature and amount of damages sought within thirty days
thereafter. If no response is served within thirty days after
receipt of service by the plaintiff, the party defendant requesting
the statement may petition the court in which the action is pending
to order the plaintiff to serve a responsive statement upon the
requesting party defendant. This section applies only to causes of
action which accrue on or after the first day of July, two thousand
eight.