SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 587 History

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


Senate Bill No. 587

(By Senator Mitchell)

____________

[Introduced March 26, 2001; referred to the Committee on the Judiciary.]

____________




A BILL to amend article two, chapter fifty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to making certain statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence inadmissible as evidence of an admission of liability in civil actions.

Be it enacted by the Legislature of West Virginia:

That article two, chapter fifty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:

ARTICLE 2. WRITINGS AND STATEMENTS OF PRIVATE PERSONS.

§57-2-5. Certain apologies inadmissable.

(a) Statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering or death of a person involved in an accident and made to the person or to the family of the person are inadmissible as evidence of an admission of liability in a civil action.

(b) As used in this section:

(1) "Accident" means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.

(2) "Benevolent gestures" means actions which convey a sense of compassion or commiseration emanating from humane impulses.

(3) "Family" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent or spouse's parents of an injured party.




NOTE: The purpose of this bill is
to make certain statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence inadmissible as evidence of an admission of liability in civil actions.

This section is new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print