PARRIS N. GLENDENING, Governor

S.B. 175

(b)     This section does not apply if the statute of limitations has more than three
years to run when the disability is removed.

(c)     Imprisonment, absence from the State, or marriage are not disabilities which
extend the statute of limitations.

11-108.

(a)     In this section:

(1)     "Noneconomic damages" MEANS:

(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.

(3)      "PRIMARY BENEFICIARY CLAIMANT MEANS A PERSON WHO IS A
CLAIMANT OR BENEFICIARY DESCRIBED UNDER § 3-904(D) OF THIS ARTICLE

(4)     "SECONDARY BENEFICIARY CLAIMANT' MEANS A PERSON WHO IS A
CLAIMANT OR BENEFICIARY DESCRIBED UNDER § 3-904(E) OF THIS ARTICLE.

(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.

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