§76-81. Short title – Personal Injury Trust Fund Transparency Act.
This act shall be known and may be cited as the “Personal Injury Trust Fund Transparency Act”. Added by Laws 2013, c. 215, § 1, eff. Nov. 1, 2013.
§76-82. Definitions.
As used in the Personal Injury Trust Fund Transparency Act: 1. “Personal injury claim” means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury or another harm, including loss of consortium, society, or companionship, loss of support, personal injury or death, mental or emotional […]
§76-83. Required disclosures by plaintiff.
REQUIRED DISCLOSURES BY PLAINTIFF. A. Within ninety (90) days after an action for a personal injury or other tort is filed, the plaintiff, without awaiting a discovery request, shall provide to all parties a statement identifying all personal injury claims the plaintiff has or anticipates filing against a personal injury trust, and for each claim, […]
§76-84. Discovery – Use of materials.
DISCOVERY; USE OF MATERIALS. A. Trust claims materials and trust governance documents shall be presumed to be relevant and authentic, subject to the Rules of Evidence governing admissibility. Any party may present trust claims materials to prove alternative causation for a plaintiff’s injuries or to allocate liability for the plaintiff’s injury. No claims of privilege […]
§76-85. Scheduling trial – Stay of action.
SCHEDULING TRIAL; STAY OF ACTION. A. The trial date in a personal injury action in this state shall be no earlier than one hundred eighty (180) days after the plaintiff makes the disclosures required under subsections A and B of Section 3 of this act. B. If a plaintiff states under Section 3 of this […]
§76-86. Defendant’s identification of additional or alternative personal injury trusts.
DEFENDANT’S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL INJURY TRUSTS. A. 1. Not later than ninety (90) days before trial, any defendant may move the court for an order under subsection D of this section by identifying a personal injury trust against which the defendant in good faith believes the plaintiff can file a successful claim. […]
§76-87. Valuation of personal injury trust claims – Judicial notice.
VALUATION OF PERSONAL INJURY TRUST CLAIMS; JUDICIAL NOTICE. If a plaintiff proceeds to trial under this section before one of more of his or her personal injury trust claims is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the liquidated value specified in the trust governance document applicable […]
§76-88. Setoffs – Credits.
SETOFFS; CREDIT. In any personal injury claim for which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under Section 7 of this act and any amount the plaintiff has been awarded from a personal injury trust claim identified in subsection F of Section 6 […]
§76-29. Emergency exception from notice and hearing requirement.
Where failure to act expeditiously may reasonably result in an imminent danger to the public or individual, a professional review body may immediately act to prevent the danger without conducting a prior hearing or giving notice provided that notice and opportunity for hearing must follow the action within three (3) days. Added by Laws 1987, […]
§76-52.1. Firearm manufacturer, distributor, or seller liability limitation.
No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of use of such firearm by another. Added by Laws 2013, 1st Ex. Sess., […]