WILLIAM DONALD SCHAEFER, Governor                            Ch. 477

Article - Courts and Judicial Proceedings

11-108.

(a)      In this section:

(1)      "Noneconomic damages":

(I)       IN AN ACTION FOR PERSONAL INJURY, means pain, suffering,
inconvenience, physical impairment, disfigurement, loss of consortium, or other
nonpecuniary injury; AND

(II)     IN AN ACTION FOR WRONGFUL DEATH, MEANS MENTAL
ANGUISH, EMOTIONAL PAIN AND SUFFERING, LOSS OF SOCIETY, COMPANIONSHIP,
COMFORT, PROTECTION, CARE, MARITAL CARE, PARENTAL CARE, FILIAL CARE,
ATTENTION, ADVICE, COUNSEL, TRAINING, GUIDANCE, OR EDUCATION, OR OTHER
NONECONOMIC DAMAGES AUTHORIZED UNDER TITLE 3, SUBTITLE 9 OF THIS
ARTICLE; and

(2)      "Noneconomic damages" does not include punitive damages.

(b)      (1) In any action for damages for personal injury OR WRONGFUL DEATH in
which the cause of action arises on or after July 1, 1986, an award for noneconomic
damages may not exceed $350,000.

(2)      (I) EXCEPT AS PROVIDED IN PARAGRAPH (3)(II) OF THIS
SUBSECTION, IN ANY ACTION FOR DAMAGES FOR PERSONAL INJURY OR WRONGFUL
DEATH IN WHICH THE CAUSE OF ACTION ARISES ON OR AFTER OCTOBER 1, 1994, AN
AWARD FOR NONECONOMIC DAMAGES MAY NOT EXCEED $450,000 $500,000.

(II) THE LIMITATION ON NONECONOMIC DAMAGES PROVIDED
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCREASE BY $15,000 ON
OCTOBER 1 OF EACH YEAR BEGINNING ON OCTOBER 1, 1995. THE INCREASED
AMOUNT SHALL APPLY TO CAUSES OF ACTION ARISING BETWEEN OCTOBER 1 OF
THAT YEAR AND SEPTEMBER 30 OF THE FOLLOWING YEAR, INCLUSIVE.

(3)      (I) THE LIMITATION ESTABLISHED UNDER PARAGRAPH (2) OF
THIS SUBSECTION SHALL APPLY IN A PERSONAL INJURY ACTION TO:

(I) EACH DIRECT VICTIM OF TORTIOUS CONDUCT AND ALL
PERSONS WHO CLAIM INJURY BY OR THROUGH THAT VICTIM; AND .

(II) EACH IN A WRONGFUL DEATH ACTION IN WHICH THERE ARE
TWO OR MORE CLAIMANTS OR BENEFICIARIES, AN AWARD FOR NONECONOMIC
DAMAGES MAY NOT EXCEED 150% OF THE LIMITATION ESTABLISHED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, REGARDLESS OF THE NUMBER OF CLAIMANTS
OR BENEFICIARIES WHO SHARE IN THE AWARD.

(c)      An award by the health claims arbitration panel in accordance with § 3-2A-06
of this article shall be considered an award for purposes of this section.

(d)      (1) In a jury trial, the jury may not be informed of the limitation established
under subsection (b) of this section.

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