PARRIS N. GLENDENING, Governor

Ch. 318

(b) (1) In any action for damages for personal injury 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
$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 each direct victim of tortious conduct and all
persons who claim injury by or through that victim.

(ii) 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.

(2) (i) If the jury awards an amount for noneconomic damages that
exceeds the limitation established under subsection (b) of this section, the court shall
reduce the amount to conform to the limitation.

(ii) In a wrongful death action in which there are two or more
claimants or beneficiaries, if the jury awards an amount for noneconomic damages that
exceeds the limitation established under subsection (b)(3)(ii) of this section, [the court
shall]:

1. IF THE AMOUNT OF NONECONOMIC DAMAGES FOR THE
PRIMARY CLAIMANTS EQUALS OR EXCEEDS THE LIMITATION UNDER SUBSECTION
(B)(3)(II) OF THIS SECTION, THE COURT SHALL:

A [reduce] REDUCE each individual award OF A PRIMARY
CLAIMANT proportionately TO THE TOTAL AWARD OF ALL OF THE PRIMARY
CLAIMANTS so that the total award TO ALL CLAIMANTS OR BENEFICIARIES conforms
to the limitation; AND

B. REDUCE EACH AWARD, IF ANY, TO A SECONDARY
CLAIMANT TO ZERO DOLLARS; OR

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