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Summaries>2008>Civil Remedies and Procedure
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Civil Remedies and Procedure
Passed
P
HB80
Lis pendens; zoning ordinance violation. Provides that in actions to enforce a zoning ordinance, no lis pendens or attachment shall affect a bona fide purchaser of real or personal estate unless the memorandum of lis pendens recorded in the clerk's office contains a description of the alleged zoning violation. The bill also provides that a memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. This bill is identical to SB 427.
Patron - Marshall, R.G.
P
HB172
Civil procedure; disclosure of insurance liability limits. Allows an injured person, or his attorney, to request the disclosure of the liability limits of an insurance policy prior to filing a civil action for personal injuries resulting from a motor vehicle accident. The party requesting this information shall provide the insurer with (i) the date of the accident, (ii) the name and last-known address of the alleged tortfeasor, (iii) a copy of the accident report, if any, (iv) the claim number, if available, and (v) the injured person's medical records, medical bills, and wage-loss determination. The insurer only has to disclose the liability limits if the amount of the injured person's medical bills and wage losses equals or exceeds $12,500. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy.
Patron - Kilgore
P
HB221
Landlord and managing agent immunity for mold claims. Provides that landlords and managing agents are not liable for civil damages in an action for exposure to mold arising from the condition within the interior of a dwelling unit brought by a tenant, authorized occupant, or guest or invitee if the mold condition is caused solely by the negligence of the tenant. The bill also provides that managing agents with no maintenance responsibilities are not liable for damages unless the agents have actual knowledge of the mold condition and fail to disclose the existence of the condition to the landlord and any prospective or actual tenants. The bill provides further that if a written move-in inspection report reflects that there is no visible evidence of mold in a dwelling unit, and the tenant does not object in writing to such report within five days of his receipt of the report, there shall be a rebuttable presumption that no mold existed at the time of the move-in inspection. The bill also requires landlords and managing agents with maintenance responsibilities to perform mold remediation if visible evidence of mold occurs within a dwelling unit. This bill is identical to SB 232.
Patron - Kilgore
P
HB403
Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies (i) if a state or local emergency has been or is subsequently declared in response to such a disaster, and (ii) if the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the same level or manner of care that would have been required in the absence of the emergency. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments. This bill is identical to SB 657.
Patron - Hamilton
P
HB501
Medical malpractice; professional services. Defines the term "professional services in nursing homes" in the context of medical malpractice actions as services provided to a patient by a health care provider, including psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006). This bill incorporates HB 1051 and is identical to SB 602.
Patron - Hamilton
P
HB584
Presumption of knowledge of statewide standard of care; malpractice. Adds nurses, including nurses licensed by a state participating in the Nurse Licensure Compact, to those persons presumed to know the statewide standard of care in the field in which they are qualified or certified for purposes of medical malpractice actions or proceedings before a medical malpractice review panel.
Patron - Marsden
P
HB616
Malpractice actions; limitation. Extends the two-year limitations period for personal injury actions in malpractice cases arising out of the negligent failure to diagnose a malignant tumor or cancer or to communicate such diagnosis to the patient for a period of one year from the date the existence of a malignant tumor or cancer is communicated to the patient.
Patron - Amundson
P
HB708
Temporary detention orders; admission as evidence. Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records.
Patron - Janis
P
HB882
Administrative orders; collection of interest. Provides that administrative orders will be able to provide for interest and fix the period at which the interest commences on any principal sum awarded. The bill would, in the interest context, treat administrative orders as if they were a verdict, judgment, or decree.
Patron - Loupassi
P
HB1133
Enforcement of deed of trust or mortgage. Reduces the time in which one may enforce a deed of trust or mortgage from 20 years to 10 years.
Patron - Fralin
P
HB1149
Trail activity; immunity. Allows localities to establish a system of trails for ATVs and motorcycles and provides immunity for the locality in the absence of gross negligence or willful misconduct, for damages resulting from injuries from the use of such system.
Patron - Phillips
P
HB1294
Good Samaritan statute; where protection extends; what is considered compensation. Provides that immunity under the statute extends to those providing care at a location for screening or stabilization in addition to the scene of the accident and en route to the hospital. Also the bill clarifies that reimbursement for expenses is not considered compensation under the statute.
Patron - Athey
P
SB232
Landlord and managing agent immunity for mold claims. Provides that landlords and managing agents are not liable for civil damages in an action for exposure to mold arising from the condition within the interior of a dwelling unit brought by a tenant, authorized occupant, or guest or invitee if the mold condition is caused solely by the negligence of the tenant. The bill also provides that managing agents with no maintenance responsibilities are not liable for damages unless the agents have actual knowledge of the mold condition and fail to disclose the existence of the condition to the landlord and any prospective or actual tenants. The bill provides further that if a written move-in inspection report reflects that there is no visible evidence of mold in a dwelling unit, and the tenant does not object in writing to such report within five days of his receipt of the report, there shall be a rebuttable presumption that no mold existed at the time of the move-in inspection. The bill also requires landlords and managing agents with maintenance responsibilities to perform mold remediation if visible evidence of mold occurs within a dwelling unit. This bill is identical to HB 221.
Patron - McDougle
P
SB427
Lis pendens; zoning ordinance violation. Provides that in actions to enforce a zoning ordinance, no lis pendens or attachment shall affect a bona fide purchaser of real or personal estate unless the memorandum of lis pendens recorded in the clerk's office contains a description of the alleged zoning violation. The bill also provides that a memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. This bill is identical to HB 80.
Patron - Barker
P
SB602
Medical malpractice; professional services. Defines the term "professional services in nursing homes" in the context of medical malpractice actions as services provided to a patient by a health care provider, including psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006). This bill is identical to HB 501.
Patron - Norment
P
SB657
Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies (i) if a state or local emergency has been or is subsequently declared in response to such a disaster, and (ii) if the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the same level or manner of care that would have been required in the absence of the emergency. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments. This bill is identical to HB 403.
Patron - Newman
Failed
F
HB142
Virginia Successor Asbestos-Related Liability Fairness Act; created. Creates the Virginia Successor Asbestos-Related Liability Fairness Act, which establishes limits on the liability of successor corporations for asbestos-related claims that have been assumed or incurred through merger or consolidation with another corporation.
Patron - Kilgore
F
HB143
Copies of medical bills and charges; no cost. Provides that a patient, patient's attorney, or insurance provider may obtain a list of charges or an account balance pertaining to that patient at no cost.
Patron - Kilgore
F
HB145
Medical records; fees for copying. Provides that the provisions that control the fees that may be charged for medical records in civil cases also apply with respect to Workers' Compensation Act proceedings.
Patron - Kilgore
F
HB151
Name change; proof that the applicant is U.S. citizen. Requires that every application for a change of name contain proof that the applicant is a United States citizen.
Patron - Lewis
F
HB157
Immunity for enforcement of immigration laws. Provides immunity to agencies and employees of the Commonwealth and political subdivisions for the authorized enforcement of immigration laws.
Patron - Nichols
F
HB409
Unauthorized use of person's name in website address; damages. Provides that a person who uses the name of another in an internet website address without the written consent of such other person and with the intent to deceive the public that the website is owned, operated, or authorized by such other person is liable to that person for damages in the amount of $1,000 or three times the amount of actual damages, whichever is greater.
Patron - Griffith
F
HB947
Foreclosure protection; Attorney General may enforce violation; penalty. Provides protection for homeowners during the foreclosure process by requiring persons who advertise services to assist persons to escape foreclosure to disclose fully the nature of their services and the homeowners' right to rescind a contract entered into with such persons. Also allows the Attorney General to enforce any violation of this article and provides that a violation of the article is a Class 5 felony. This bill was incorporated into HB 408.
Patron - Iaquinto
F
HB1051
Medical malpractice; professional services. Defines the term "professional services" in the context of medical malpractice actions as services provided to a patient by a health care provider pursuant to federal or state statutes or regulations. The bill also provides that the definition of "health care" includes professional services provided during a patient's residency at a nursing home. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006). This bill was incorporated into HB 501.
Patron - Watts
F
HB1282
Medical Malpractice Settlement Offer and Recovery Act. Provides that a defendant in a medical malpractice case may make an irrevocable settlement offer within 180 days after responsive pleadings were filed. The offer shall provide for the payment of the plaintiff's net compensatory damages and attorney fees in an amount equal to 10 percent of these damages, however it shall not provide for punitive or exemplary damages. The plaintiff has 30 days to accept or reject the offer. If the offer is rejected, the plaintiff's case proceeds with the increased burden that he prove by clear and convincing evidence that his injuries resulted from the defendant's gross negligence or wanton and willful misconduct.
Patron - Athey
F
HB1370
Use of interpreters; not hearsay. States that if a person is testifying regarding the statement of another, and it would not be considered impermissible hearsay but for the use of an interpreter to communicate with such person, then the fact that an interpreter was used shall not make it impermissible.
Patron - Gilbert
F
HB1383
Evidence of life expectancy. Establishes that in any matter where it is necessary to establish the expectancy of continued life, life tables published by the U.S. Department of Health and Human Services pertaining to age, sex, and ethnicity of the person shall be received in all courts. Currently the Code provides a table of the life expectancy based upon age and gender only.
Patron - Janis
F
SB23
Assignment of judgment; docketing. Requires that an assignment of a judgment shall be noted upon the judgment docket. Such a notation is currently discretionary. If no notation is made, the judgment shall be considered satisfied.
Patron - Reynolds
F
SB213
Fiduciaries; naming represented person or fiduciary as the party to an action. Allows either the fiduciary, or the person being represented by the fiduciary, to be named as the party to the action without prejudicing the underlying action. This bill also applies to persons who are deemed to lack capacity due to mental defect.
Patron - Edwards
F
SB265
False academic credentials. Creates a civil cause of action for persons who are damaged by a person who knowingly manufactures, issues, or uses a false academic credential to gain advantages in employment or education. Under current law there is a criminal penalty (Class 3 misdemeanor) for a person who materially falsifies or alters a transcript or diploma and fraudulently uses it for pecuniary gain.
Patron - Deeds
Carried Over
C
HB51
Immunity for enforcement of immigration laws. Provides immunity to agencies and employees of the Commonwealth and political subdivisions for the authorized enforcement of immigration laws. This bill was continued to the 2009 Regular Session of the General Assembly.
Patron - Lingamfelter
C
HB382
Medical advisory committees and consultants; privileged communications. Clarifies that information created by and shared with medical review or advisory committees is privileged and inadmissible in legal proceedings.
Patron - O'Bannon
C
HB551
Medical records; fees for copying. Provides that the provisions that control the fees that may be charged for medical records in civil cases also apply with respect to Workers' Compensation Act proceedings.
Patron - Griffith
C
HB1068
Return of service of process; costs. Provides that if a sheriff who has received process or papers to be served by him fails to return service of process within 72 hours of effecting service, the party requesting service of process may elect to have process served by a private process server. The party shall give notice of such an election to the clerk's office that issued the process and the sheriff prior to making such an election. If, at the time such notice is received, return of service of process has still not been made, the sheriff shall be liable for the costs subsequently incurred in effecting service as well as costs incurred in collecting the costs of service.
Patron - Amundson
C
SB12
Return of service of process; costs. Provides that if a sheriff who has received process or papers to be served by him fails to return service of process within 72 hours of effecting service, the party requesting service of process may elect to have process served by a private process server. The party shall give notice of such an election to the clerk's office that issued the process and the sheriff prior to making such an election. If, at the time such notice is received, return of service of process has still not been made, the sheriff shall be liable for the costs subsequently incurred in effecting service as well as costs incurred in collecting the costs of service.
Patron - Puller
C
SB17
Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.
Patron - Edwards
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Summaries>2008>Civil Remedies and Procedure
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