9-10-184. Limitations on counsel on arguing damages; remedial measures for violations; conduct of voir dire as to damages.

As used in this Code section, the term:#

1. (1)

   “Economic damages” means pecuniary damages recoverable in tort for bodily injury or wrongful death, including, but not limited to, damages for past and future medical expenses; costs of rehabilitation; costs of therapy; loss of wages; loss of income; loss of earning capacity; loss of services performed by the injured or deceased person as a result of the injury or death, including domestic and other necessary services performed without compensation; and funeral or burial expenses.#

2. (2)

   “Noneconomic damages” means all damages recoverable in tort for bodily injury or wrongful death other than economic damages, including, but not limited to, damages for physical or emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and in wrongful death cases, the nonpecuniary elements of the full value of life.#

Except as otherwise provided in subsection (c) of this Code section, in the trial of any action to recover damages for bodily injury or wrongful death, counsel shall not argue the worth or monetary value of noneconomic damages, and counsel shall not, in the hearing of the jury or any prospective juror, elicit any testimony regarding, or make any reference to, any specific amount or range of amounts of noneconomic damages, the measure of such damages being the enlightened conscience of an impartial jury.#

1. (1)

   In the trial of any action to recover damages for bodily injury or wrongful death, counsel for any party shall be allowed to argue the worth or monetary value of noneconomic damages only after the close of evidence and at the time of such party’s first opportunity to argue the issue of damages, provided that such argument shall be rationally related to the evidence of noneconomic damages and shall not make reference to objects or values having no rational connection to the facts proved by the evidence.#

2. (2)

   If counsel is entitled to the opening and concluding arguments, then counsel shall not be allowed to argue the worth or monetary value of noneconomic damages during such counsel’s concluding argument unless counsel has argued the worth or monetary value of noneconomic damages during such counsel’s opening argument, and such counsel shall not argue a different worth or monetary value of noneconomic damages in concluding arguments than was argued in such counsel’s opening argument.#

If counsel elicits any testimony, or makes any argument or reference, prohibited by this Code section in the hearing of the jury or one or more prospective jurors, the court shall take remedial measures as provided in Code Section 9-10-185 or shall, with respect to prospective jurors, excuse the prospective jurors.#

Nothing in this Code section shall be construed to prohibit counsel from asking prospective jurors during voir dire whether they could return a verdict that does not award any damages or a verdict in excess of some unspecified amount, provided that such question is supported by the evidence.#