SB68: SB68 Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

25 LC 49 2362S Senate Bill 68 By: Senators Kennedy of the 18th, Gooch of the 51st, Robertson of the 29th, Anavitarte of the 31st, Walker III of the 20th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Titles 9, 40, and 51 of the Official Code of Georgia A nnotated, relating to civil1 practice, motor vehicles, and torts, respectively, so as to pro vide for substantive and2 comprehensive revision of provisions regarding civil practice, evidentiary matters, damages,3 and liability in tort actions; to provide limitations relative to evidence of noneconomic4 damages; to provide for timing of answers and discovery; to provide for dismissals of civil5 actions; to provide for attorney's fees, court costs, and litig ation expenses; to provide for6 admissibility of evidence related to seat safety belts; to prov ide for trial procedures; to7 provide for a negligent security cause of action; to provide fo r exclusive remedies for8 negligent security actions subject to exceptions; to provide for apportionment of damages in9 negligent security actions; to provide for the recovery of spec ial damages for medical and10 healthcare expenses in personal injury and wrongful death cases; to provide for construction;11 to provide for definitions; to provide for related matters; to provide for an effective date and12 applicability; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 S. B. 68 - 1 - 25 LC 49 2362S SECTION 1.15 Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by16 revising Code Section 9-10-184, relating to value of pain and s uffering may be argued, as17 follows:18 "9-10-184.19 (a) As used in this Code section, the term:20 (1) 'Economic damages' means pecuniary damages recoverable in tort for bodily injury21 or wrongful death, including, but not limited to, damages for p ast and future medical22 expenses; costs of rehabilitation; costs of therapy; loss of wages; loss of income; loss of23 earning capacity; loss of services performed by the injured or deceased person as a result24 of the injury or death, including domestic and other necessary services performed without25 compensation; and funeral or burial expenses.26 (2) 'Noneconomic damages' means all damages recoverable in tort for bodily injury or27 wrongful death other than economic damages, including, but not limited to, damages for28 physical or emotional pain, discomfort, anxiety, hardship, dist ress, suffering,29 inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment30 of life, loss of society and companionship, loss of consortium, injury to reputation, and31 in wrongful death cases, the nonpecuniary elements of the full value of life.32 (b) Except as otherwise provided in subsection (c) of this Code section, in the trial of any33 action to recover damages for bodily injury or wrongful death, counsel shall not argue the34 worth or monetary value of noneconomic damages, and counsel shall not, in the hearing35 of the jury or any prospective juror, elicit any testimony regarding, or make any reference36 to, any specific amount or range of amounts of noneconomic damages, the measure of such37 damages being the enlightened conscience of an impartial jury.38 (c)(1) In the trial of any action to recover damages for bodily injury or wrongful death,39 counsel for any party shall be allowed to argue the worth or mo netary value of40 noneconomic damages only after the close of evidence and at th e time of such party's41 S. B. 68 - 2 - 25 LC 49 2362S first opportunity to argue the issue of damages, provided that such argument shall be42 rationally related to the evidence of noneconomic damages and shall not make reference43 to objects or values having no rational connection to the facts proved by the evidence.44 (2) If counsel is entitled to the opening and concluding arguments, then counsel shall not45 be allowed to argue the worth or monetary value of noneconomic damages during such46 counsel's concluding argument unless counsel has argued the wor th or monetary value47 of noneconomic damages during such counsel's opening argument, and such counsel shall48 not argue a different worth or monetary value of noneconomic da mages in concluding49 arguments than was argued in such counsel's opening argument.50 (d) If counsel elicits any testimony, or makes any argument or reference, prohibited by this51 Code section in the hearing of the jury or one or more prospect ive jurors, the court shall52 take remedial measures as provided in Code Section 9-10-185 or shall, with respect to53 prospective jurors, excuse the prospective jurors.54 (e) Nothing in this Code section shall be construed to prohibi t counsel from asking55 prospective jurors during voir dire whether they could return a verdict that does not award56 any damages or a verdict in excess of some unspecified amount, provided that such57 question is supported by the evidence. In the trial of a civil action for personal injuries,58 counsel shall be allowed to argue the worth or monetary value of pain and suffering to the59 jury; provided, however, that any such argument shall conform t o the evidence or60 reasonable deductions from the evidence in the case."61 SECTION 2.62 Said title is further amended in Code Section 9-11-12, relating to answer, defenses, and63 objections, when and how presented and heard, when defenses waived, and stay of discovery,64 by revising subsections (a), (e), and (j) as follows:65 "(a) When answer presented.66 S. B. 68 - 3 - 25 LC 49 2362S (1) Except as provided in paragraph (2) of this subsection, a A defendant shall serve his67 an answer within 30 days after the service of the summons and complaint upon him the68 defendant, unless otherwise provided by statute. A cross-claim or counterclaim shall not69 require an answer, unless one is required by order of the court, and shall automatically70 stand denied.71 (2) Unless the court sets a different time, serving a motion under this Code section alters72 the time for serving an answer pursuant to paragraph (1) of this subsection as follows:73 (A) If the court denies the motion or postpones its dispositio n until trial, the answer74 shall be served within 15 days after notice of the court's action; or75 (B) If the court grants a motion for a more definite statement , the answer shall be76 served within 15 days after the more definite statement is served."77 "(e) Motion for more definite statement. If a pleading to which a responsive pleading78 is permitted is so vague or ambiguous that a party cannot reasonably be required to frame79 a proper responsive pleading, he shall nevertheless answer or r espond to the best of his80 ability, and he such party may move for a more definite statement. The motion shall point81 out the defects complained of and the details desired. If the motion is granted and the order82 of the court is not obeyed within 15 days after notice of the order, or within such other time83 as the court may fix, the court may strike the pleading to which the motion was directed or84 make such order as it deems just."85 "(j) Stay of discovery.86 (1) If a party files a motion to dismiss before or at the time of filing an answer and87 pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after88 the filing of such motion or until the ruling of the court on such motion; provided,89 however, that, if a defendant files an answer before the ruling of the court on such90 motion, the stay imposed by this subsection shall immediately terminate with respect to91 such defendant, whichever is sooner. The court shall decide the motion to dismiss within92 S. B. 68 - 4 - 25 LC 49 2362S the 90 days provided in this paragraph following the conclusion of briefing on such93 motion.94 (2) The discovery period and all discovery deadlines shall be extended for a period equal95 to the duration of the stay imposed by this subsection.96 (3) If the court has not ruled on the motion to dismiss within 90 days following the97 conclusion of briefing on such motion, the The court may upon its own motion or upon98 motion of a party, and for good cause shown, terminate or modify the stay imposed by99 this subsection but shall not extend such stay; provided, however, that such remedy shall100 not preclude any other remedy available for the failure to time ly rule on such motion,101 including, but not limited to, a writ of mandamus.102 (4) If a motion to dismiss raises defenses set forth in paragr aph (2), (3), (5), or (7) of103 subsection (b) of this Code section; or if any party needs discovery in order to identify104 persons who may be joined or substituted as proper parties; or if any party needs105 discovery in order to establish the jurisdiction of the court, limited discovery needed to106 respond to such defenses, to or identify such persons, or to establish such jurisdiction107 shall be permitted until the court rules on such motion notwithstanding the stay imposed108 by this subsection.109 (5) The provisions of this subsection shall not modify or affe ct the provisions of110 paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court111 to stay discovery."112 SECTION 3.113 Said title is further amended in Code Section 9-11-41, relating to dismissal of actions and114 recommencement within six months, by revising subsection (a) as follows:115 "(a) Voluntary dismissal; effect.:116 S. B. 68 - 5 - 25 LC 49 2362S (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code117 Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by118 the plaintiff, without order or permission of court:119 (A) By filing a written notice of dismissal at any time before the first witness is sworn120 the sixtieth day following the date the opposing party serves an answer; or121 (B) By filing a stipulation of dismissal signed by all parties who have appeared in the122 action.123 (2) Effect. A dismissal under paragraph (1) of this subsection is without prejudice,124 except that if the plaintiff previously dismissed any federal or state court action based on125 or including the same claim, such notice or stipulation operates as an adjudication upon126 the merits.127 (2)(3) By order of court. Except as provided in paragraph (1) of this subsection, an128 action shall not be dismissed upon the plaintiff's motion except upon order of the court129 and upon the terms and conditions as the court deems proper. If a counterclaim has been130 pleaded by a defendant prior to the service upon him or her of the plaintiff's motion to131 dismiss, the action shall not be dismissed against the defendan t's objection unless the132 counterclaim can remain pending for independent adjudication by the court. Unless the133 court order states otherwise, a dismissal under this paragraph is without prejudice.134 (3) Effect. A dismissal under this subsection is without prejudice, except that the filing135 of a second notice of dismissal operates as an adjudication upon the merits."136 SECTION 4.137 Said title is further amended in Chapter 15, relating to court and litigation costs, by adding138 a new Code section to read as follows:139 "9-15-16.140 (a) In any civil action, no party shall recover the same attor ney's fees, court costs, or141 expenses of litigation more than once pursuant to one or more statutes authorizing awards142 S. B. 68 - 6 - 25 LC 49 2362S of attorney's fees, court costs, or expenses of litigation, whe ther such statute or statutes143 authorize such awards for compensatory or punitive purposes, unless the statute or statutes144 specifically authorize the recovery of duplicate attorney's fees, court costs, or expenses of145 litigation.146 (b) In any civil action, if a party seeks to recover attorney' s fees pursuant to any statute147 authorizing an award of reasonable attorney's fees, a contingen t fee agreement between148 such party and such party's attorney shall not be admissible as proof of the reasonableness149 of the fees.150 (c) Nothing in this Code section shall limit or diminish any c ontractual right to recover151 attorney's fees, court costs, or expenses of litigation."152 SECTION 5.153 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended154 in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by revising155 subsection (d) as follows:156 "(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat157 of a motor vehicle which has a seat safety belt or belts shall not be considered evidence158 of negligence or causation, shall not otherwise be considered by the finder of fact on any159 question of liability of any person, corporation, or insurer, s hall not be any basis for160 cancellation of coverage or increase in insurance rates, and shall not may be considered161 in any civil action as evidence admissible on the issues of neg ligence, comparative162 negligence, causation, assumption of risk, or apportionment of fault or for any other163 purpose and may be evidence used to diminish any recovery for damages arising out of164 the ownership, maintenance, occupancy, or operation of a motor vehicle; provided,165 however, that this paragraph shall not prevent a court from determining the admissibility166 of such evidence pursuant to Code Section 24-4-403 or any other statutory or common167 law rule of evidence.168 S. B. 68 - 7 - 25 LC 49 2362S (2) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of169 a motor vehicle which has a seat safety belt or belts shall not be any basis for a170 cancellation of insurance coverage or an increase in insurance rate."171 SECTION 6.172 Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 3,173 relating to liability of owners and occupiers of land, by addin g a new article to read as174 follows:175 "ARTICLE 5176 51-3-50.177 As used in this article, the term:178 (1) 'Negligent security' means any claim against an owner or o ccupier, or against a179 security contractor, that:180 (A) Sounds in tort or nuisance, including, but not limited to, any claim under Article 1181 of this chapter;182 (B) Seeks to recover damages for bodily injury or wrongful death; and183 (C) Arises from an alleged failure to keep the premises and approaches safe from the184 wrongful conduct of third persons.185 (2) 'Owner or occupier' means any person that owns, leases, oc cupies, operates,186 maintains, or manages real property of any kind or any director , officer, employee, or187 agent of such person.188 (3) 'Particularized warning of imminent wrongful conduct by a third person' means189 information actually known to an owner or occupier and deemed credible by the owner190 or occupier, which causes the owner or occupier to consciously understand that a third191 person is likely to imminently engage in wrongful conduct on the premises that poses a192 S. B. 68 - 8 - 25 LC 49 2362S clear danger to the safety of persons upon the premises, such information being specific193 as to the identity of the third person, the nature and character of the wrongful conduct, the194 degree of dangerousness of the wrongful conduct, and the locati on, time, and195 circumstances of the wrongful conduct.196 (4) 'Premises' means the real property that is owned, leased, occupied, operated,197 maintained, or managed by an owner or occupier.198 (5) 'Prior occurrences of substantially similar wrongful conduct' means prior occurrences199 of wrongful conduct which are sufficiently similar in nature an d character, degree of200 dangerousness, proximity, location, time, and circumstances to the wrongful conduct201 from which a claim of negligent security arises to lead a reasonable person in the position202 of the owner or occupier to apprehend that such wrongful conduct is reasonably likely to203 occur upon the premises, to understand the risk of injury to pe rsons upon the premises204 presented by such wrongful conduct, and to understand that a sp ecific and known205 physical condition of the premises has created a risk of such w rongful conduct on the206 premises that is substantially greater than the general risk of such wrongful conduct in the207 vicinity of the premises.208 (6) 'Security contractor' means any person that contracts with an owner or occupier to209 provide protective or security services upon any premises or an y director, officer,210 employee, or agent of such person.211 (7) 'Third person' means any person other than an owner or occ upier or a security212 contractor or a person under the direction, control, or supervision of an owner or occupier213 or security contractor.214 (8) 'Wrongful conduct' means:215 (A) Any violation of a law of this state or an ordinance of an y political subdivision216 thereof that is punishable as a felony or misdemeanor, regardle ss of whether such217 violation results in an arrest, citation, accusation, indictment, or conviction; or218 (B) Any other conduct that amounts to an intentional, or willful and wanton, tort.219 S. B. 68 - 9 - 25 LC 49 2362S 51-3-51.220 Except as provided in Code Section 51-3-54, an owner or occupie r shall be liable for221 negligent security arising from any injury sustained by any person upon the premises of the222 owner or occupier as an invitee if the plaintiff proves that:223 (1) The wrongful conduct by a third person that caused the injury sustained by the invitee224 was reasonably foreseeable because the owner or occupier:225 (A) Had particularized warning of imminent wrongful conduct by a third person; or226 (B) Reasonably should have known that a third person was reasonably likely to engage227 in such wrongful conduct upon the premises, based on:228 (i) Prior occurrences of substantially similar wrongful conduct upon the premises of229 which the owner or occupier had actual knowledge;230 (ii) Prior occurrences of substantially similar wrongful condu ct upon the property231 adjoining the premises, or otherwise occurring within 500 yards of the premises, of232 which the owner or occupier had actual knowledge; or233 (iii) Prior occurrences of substantially similar wrongful conduct by the third person234 whose wrongful conduct caused the injury, if the owner or occupier knew or should235 have known, by clear and convincing evidence, that such third person was or would236 be upon the premises and if the owner or occupier had actual knowledge of such prior237 occurrences of substantially similar wrongful conduct;238 (2) The injury sustained by the invitee was a reasonably foreseeable consequence of such239 wrongful conduct by a third person;240 (3) Such wrongful conduct by a third person was a reasonably foreseeable consequence241 of such third person exploiting a specific physical condition of the premises known to the242 owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on243 the premises that was substantially greater than the general risk of wrongful conduct in244 the vicinity of the premises;245 S. B. 68 - 10 - 25 LC 49 2362S (4) The owner or occupier failed to exercise ordinary care to remedy or mitigate such246 specific and known physical condition of the premises and to otherwise keep the premises247 safe from such wrongful conduct by a third person; and248 (5) Such failure of the owner or occupier to exercise ordinary care was a proximate cause249 of the injury sustained by the invitee.250 51-3-52.251 Except as provided in Code Section 51-3-54, an owner or occupie r shall be liable for252 negligent security arising from any injury sustained by any person upon the premises of the253 owner or occupier as a licensee if the plaintiff proves that:254 (1) The wrongful conduct by a third person that caused the inj ury sustained by the255 licensee was reasonably foreseeable because the owner or occupi er had particularized256 warning of imminent wrongful conduct by a third person;257 (2) The injury sustained by the licensee was a reasonably fore seeable consequence of258 such wrongful conduct by a third person;259 (3) Such wrongful conduct by a third person was a reasonably foreseeable consequence260 of such third person exploiting a specific physical condition of the premises known to the261 owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on262 the premises that was substantially greater than the general risk of wrongful conduct in263 the vicinity of the premises;264 (4) The owner or occupier willfully and wantonly failed to exercise any care to remedy265 or mitigate the specific and known physical condition of the premises and to otherwise266 keep the premises safe from such wrongful conduct by a third person; and267 (5) Such failure of the owner or occupier to exercise any care was a proximate cause of268 the injury sustained by the licensee.269 S. B. 68 - 11 - 25 LC 49 2362S 51-3-53.270 (a) Except as otherwise provided in subsections (b) and (c) of this Code section, the271 provisions of this article shall be the sole and exclusive reme dy for negligent security272 against owners or occupiers, and no owner or occupier shall be liable for negligent security273 except as provided in this article.274 (b) Nothing in this article shall be construed to limit or otherwise affect any cause of action275 brought pursuant to Code Section 51-1-56 or any other applicable law or theory of recovery276 otherwise recognized by law, including, but not limited to, neg ligence and nuisance, in277 connection with an alleged violation of Code Section 16-5-46.278 (c) Nothing in this article shall be construed to limit or oth erwise affect any claim or279 remedy for breach of contract or any other claim, remedy, or ca use of action not arising280 under Article 1 of this chapter.281 51-3-54.282 Notwithstanding Code Sections 51-3-51 and 51-3-52, no owner or occupier shall be liable283 for negligent security:284 (1) Arising from an injury sustained by a person upon the prem ises of the owner or285 occupier as a trespasser;286 (2) Arising from an injury sustained by a person not upon the premises of the owner or287 occupier;288 (3) Arising from the wrongful conduct of a third person, if su ch wrongful conduct did289 not occur upon the premises and in a place from which the owner or occupier had the290 legal right and authority to exclude such third person;291 (4) Arising from the wrongful conduct of a third person, if such third person was upon292 the premises as a tenant or as a guest of a tenant, if the owne r or occupier had293 commenced eviction proceedings against such tenant at the time of the wrongful conduct;294 S. B. 68 - 12 - 25 LC 49 2362S (5) Arising from an injury sustained by a third person upon th e premises of the owner295 or occupier as an invitee or a licensee, if such person:296 (A) Came upon the premises for the purpose of committing any violation of a law of297 this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is298 punishable as a misdemeanor; or299 (B) Was engaged at the time of the injury in the commission of any violation of a law300 of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that301 is punishable as a misdemeanor, provided that this subparagraph shall not apply to a302 victim of a violation of Code Section 16-5-46;303 (6) Arising from an injury sustained upon premises that is use d as a single-family304 residence; or305 (7) Based on a particularized warning of imminent wrongful conduct by a third person,306 if the owner or occupier made any reasonable effort to provide such information to law307 enforcement personnel, provided that calling 9-1-1 or otherwise making a report about308 such information to law enforcement personnel shall be deemed a reasonable effort.309 51-3-55.310 (a) No owner or occupier shall be required to exercise extraordinary care to keep persons311 on or around any premises safe from wrongful conduct by a third person, and no owner or312 occupier shall be required to assume the responsibilities and obligations of government for313 law enforcement and public safety.314 (b) In any action for negligent security, in assessing whether an owner or occupier has315 breached a duty to exercise ordinary care to keep persons on or around any premises safe316 from wrongful conduct by a third person, the trier of fact shal l consider the security317 measures employed by the owner or occupier at the time of the injury from which the claim318 of negligent security arises, the need for additional or other security measures, the319 practicality of additional or other security measures, whether additional or other security320 S. B. 68 - 13 - 25 LC 49 2362S measures would have prevented the injury, the respective respon sibilities of owners or321 occupiers with respect to the premises and government with respect to law enforcement and322 public safety, and any other relevant circumstances.323 51-3-56.324 In any action for negligent security:325 (1) If the trier of fact finds that any defendant is liable to the plaintiff, the trier of fact326 shall make an apportionment of fault under Code Section 51-12-33, and in making such327 an apportionment, the trier of fact shall reasonably apportion fault to:328 (A) The owner or occupier;329 (B) Any third person whose wrongful conduct was a cause of the injury from which330 the claim of negligent security arises; and331 (C) Any other persons to whom fault otherwise should be apport ioned under Code332 Section 51-12-33;333 (2) In connection with an apportionment of fault under Code Section 51-12-33, no party334 shall offer evidence, or make an argument or other comment in the hearing of any juror335 or prospective juror, concerning:336 (A) Any sentence of imprisonment or probation, fine, or other punishment that has337 been, or could be, imposed in a criminal prosecution of any thi rd person for the338 wrongful conduct from which the claim of negligent security arises;339 (B) The financial resources of any party or nonparty; or340 (C) The effect of an apportionment of fault upon any award of damages to the plaintiff;341 and342 (3) If a jury fails as the trier of fact to apportion a reasonable degree of fault to the third343 person whose wrongful conduct was a cause of the injury from wh ich the claim of344 negligent security arises, the trial court shall set aside the verdict of the jury and order a345 retrial of liability and damages. There shall be a rebuttable p resumption that an346 S. B. 68 - 14 - 25 LC 49 2362S apportionment of fault is unreasonable if the total percentage of fault apportioned to all347 third persons for their wrongful conduct is less than the total percentage of fault348 apportioned to all owners or occupiers, security contractors, a nd other persons and349 entities that did not engage in wrongful conduct.350 51-3-57.351 (a) If a security contractor assumes and undertakes a duty to invitees and licensees to keep352 all or part of a premises of an owner or occupier safe from the wrongful conduct of a third353 person, the security contractor may be liable for negligent sec urity only in the same354 manner, to the same extent, and subject to the same limitations and provisions applicable355 to an owner or occupier contained in this article. In no event shall a security contractor be356 subject to liability for negligent security to an extent greater than the liability for negligent357 security of an owner or occupier.358 (b) No security contractor shall be liable for negligent security except as provided in this359 Code section.360 (c) Nothing in this Code section shall limit or otherwise affect any claim or remedy of an361 owner or occupier for breach of contract."362 SECTION 7.363 Said title is further amended in Article 1 of Chapter 12, relating to general provisions relative364 to damages, by adding a new Code section to read as follows:365 "51-12-1.1.366 (a) In any civil action to r ecover damages resulting from inju ry or death to a person,367 special damages for medical and healthcare expenses shall be recoverable only as provided368 in this Code section.369 S. B. 68 - 15 - 25 LC 49 2362S (b) Special damages for medical and healthcare expenses shall be limited to the reasonable370 value of medically necessary care, treatment, or services, and the amount of such special371 damages shall be determined by the trier of fact.372 (c) If the plaintiff in any such civil action has any form of public or private health373 insurance, including benefits under a governmental workers' com pensation program,374 evidence relevant to the determination of the reasonable value of medically necessary care,375 treatment, or services pursuant to subsection (b) of this Code section shall include both the376 amounts charged for past, present, or future medical and health care expenses and the377 amounts actually necessary to satisfy such charges pursuant to the insurance contract or the378 applicable governmental workers' compensation program, regardless of whether the health379 insurance has been used, is used, or will be used to satisfy such charges.380 (d) In any claim for medical and healthcare expenses rendered under a letter of protection381 or any other arrangement by which a healthcare provider renders treatment in exchange for382 a promise of payment for the plaintiff's medical and healthcare expenses from any383 judgment or settlement of a civil action to recover damages resulting from injury or death384 to a person, regardless of how such arrangement is referred to, the following shall be385 relevant and discoverable:386 (1) A copy of the letter of protection;387 (2) All charges for the plaintiff's medical and healthcare exp enses, which shall be388 itemized and, to the extent applicable, coded according to gene rally accepted medical389 billing practices;390 (3) If the healthcare provider sells the accounts receivable for the plaintiff's medical and391 healthcare expenses to a third party at less than the invoice price:392 (A) The name of the third party; and393 (B) The dollar amount for which the third party purchased such accounts receivable;394 and395 S. B. 68 - 16 - 25 LC 49 2362S (4) Whether the claimant was referred for treatment under a letter of protection or other396 similar arrangement and, if so, the identity of the person who made the referral.397 (e) It is the intent of the General Assembly that this Code section abrogates the common398 law collateral source rule to the extent necessary to introduce the evidence described in this399 Code section; provided, however, that nothing in this Code section shall be construed or400 applied to prevent the court from issuing appropriate jury instructions to clarify the role of401 collateral source payments and to prevent potential jury confusion regarding the effect of402 collateral source payments on the plaintiff's recovery.403 (f) Nothing in this Code section shall be construed or applied to limit the right of a plaintiff404 or defendant to present evidence or testimony, or both, challenging the reasonableness of405 medical and healthcare expenses, whether incurred or projected future expenses, or the406 medical necessity of any treatment." 407 SECTION 8.408 Said title is further amended in said article by adding a new Code section to read as follows:409 "51-12-15.410 (a) In any action to recover damages for bodily injury or wrongful death, any party may411 elect, by written demand prior to the entry of the pretrial order, to have fault and any award412 of damages determined at trial in the following manner:413 (1) In the first phase of the trial, the trier of fact shall d etermine the fault of each414 defendant, and if the trier of fact finds that any defendant is at fault for the plaintiff's415 injuries or wrongful death, the trier of fact shall further determine through an appropriate416 form of the verdict the percentages of fault of all persons or entities that contributed to417 such injuries or wrongful death as provided in Code Section 51- 12-33, prior to any418 determination of the total amount of damages to be awarded, if any such findings are419 required. The evidence and arguments of counsel in the first phase of the trial shall be420 limited to the issues provided for in this paragraph;421 S. B. 68 - 17 - 25 LC 49 2362S (2) If the trier of fact finds in the first phase of the trial that any defendant is at fault for422 the plaintiff's injuries or wrongful death, the trial shall be recommenced immediately with423 the same judge and the same jury. In the second phase of the trial, the trier of fact shall424 determine all compensatory damages to be awarded to the plainti ff, if any, and the425 evidence and arguments of counsel shall be limited to this issue; and426 (3) If the trier of fact finds in the second phase of the tria l that any compensatory427 damages are to be awarded to the plaintiff, the trial may be recommenced immediately428 with the same judge and the same jury for such further proceedings as may be required,429 including, but not limited to, proceedings provided for in subsection (d) of Code Section430 51-12-5.1 concerning punitive damages and proceedings to determine liability for, and431 the amount of, any attorney's fees, court costs, or expenses of litigation that may be432 awarded by the trier of fact as provided by law.433 (b) The court may reject an election by any party made pursuant to subsection (a) of this434 Code section and order the concurrent trial of fault and damages only upon motion by any435 party in opposition to such election and upon the court's determination that:436 (1) The plaintiff, or if the plaintiff is the legal guardian o f a minor, the minor, was437 injured by an alleged sexual offense and would be likely to suffer serious psychological438 or emotional distress as a result of testifying more than once in a bifurcated proceeding;439 or440 (2) The amount in controversy is less than $150,000.00."441 SECTION 9.442 (a) This Act shall become effective upon its approval by the Governor or upon its becoming443 law without such approval.444 (b) Sections 6 and 7 of this Act shall apply only with respect to causes of action arising on445 or after the effective date of this Act, and any prior causes o f action shall be governed by446 prior law. It is the intention of the General Assembly that al l other provisions of this Act447 S. B. 68 - 18 - 25 LC 49 2362S shall apply to causes of action pending on the effective date o f this Act, unless such448 application would be unconstitutional.449 SECTION 10.450 All laws and parts of laws in conflict with this Act are repealed.451 S. B. 68 - 19 -