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Introduced Version Senate Bill 138 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 138

(By Senators Sharpe and McKenzie)

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[Introduced February 16, 2001; referred to the Committee on the Judiciary.]
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A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-one, relating to providing that consequential damages for tortious injury may not include future medical monitoring costs.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-one, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-21. Future medical monitoring costs not allowable as consequential damages for tortious injury.

Consequential damages for tortious injury may not include future medical monitoring costs.




NOTE: The purpose of this bill is to limit a recent state Supreme Court decision which allowed future medical monitoring costs as consequential damages in tort cases.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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