MONTANA REFORMS
Collateral Source Rule
Reform: HB 567 (1987). Permits the admissibility of evidence of collateral source
payments, unless the source of reimbursement has a subrogation right under
state or federal law. Requires a court
to offset damages over $50,000.
Joint and Several
Liability Reform: HB 571 (1997): Mont. Code
Ann. § 27-1-705. Retains the current system of modified joint
and several liability, where joint liability does not
apply to defendants found to be less than 50% at fault. Revises the comparative
negligence statute to permit the allocation of a percentage of liability to
defendants who settle or are released from liability by the plaintiff. Allows those defendants to
intervene in the action to defend against claims affirmatively asserted. Provides that joint
liability shall apply in actions arising from an act or omission that violates
a state environmental law relating to hazardous or deleterious substances.
Joint and Several
Liability Reform: HB 572 (1997). Bars application of the rule of joint and several
liability in the recovery of all damages.
Takes effect only if HB 571
is held unconstitutional.
Joint and Several
Liability Reform: SB 212 (1995). Restores the joint and several liability reforms of
1987, which had been weakened by the Montana Supreme Court. Provides procedural safeguards to allow joint
liability to apply only when a defendant is found to be more than 50% at fault.
Joint and Several Liability Reform: SB 51
(1987). Bars application of the rule of joint and several
liability in the recovery of all damages from defendants found to be 50% or
less at fault. Parts of the 1987 comparative negligence statute allowing fault to be
allocated to nonparties violated the due process provision of the State
Constitution. Newville
v. State of Montana, Department of Family Services, 883 P.2d 793 (Mont. 1994).
Medical Liability Reform/Expressions of Sympathy:
HB 24 (2005). Provides
that statements of sympathy,
apology, etc. by medical providers are inadmissible as evidence of liability in
medical liability cases.
Medical Liability Reform/Expert Witness Standards:
HB 64 (2005). Provides that an
expert witness: must be a licensed health care provider in at least one state; routinely treat or routinely
treated within the previous five years the subject matter of the malpractice
claim; and demonstrate a familiarity with the standards of care and practice as
related to the subject matter of the malpractice claim. In cases involving treatment recommended by a
physician, an expert witness may not testify on issues of negligence or
standards of care unless the witness is also a physician. In addition, a witness qualified as an expert
in a medical specialty that is unrelated to the malpractice claim may only
testify if it can be proven that the
standards of care and practice in the two specialties are substantially
similar.
Medical Liability Reform: Collateral Source Rule
Reform: Mont. Code Ann. § 27‑1‑308.
Provides
for awards to be offset by collateral sources that do not involve rights of
subrogation in medical liability cases for awards over $50,000.
Medical
Liability Reform: Noneconomic Damages Reform: HB 309
(1995): Mont. Code
Ann. § 25‑9‑411. Limits the award of noneconomic damages in medical malpractice cases to
$250,000.
Medical Liability Reform: Periodic
Payment of Future Damages: HB 309 (1995): Mont. Code
Ann. § 25‑9‑412. Provides for the
periodic payment of future damages over $50,000.
Punitive
Damages Reform: SB 363 (2003).
Limits punitive damages, unless otherwise expressed by statute, to $10
million or 3 percent of a defendant’s net worth, whichever is less. The bill does not limit the amount of
punitive damages that may be awarded in class action lawsuits.
Punitive Damages Reform: HB 212 (2003). Brings
Montana statute into conformity with Supreme Court decision that punitive
damages may be awarded by a two-thirds verdict rather than the previous
requirement that punitive damages awards must be unanimous. In Finstad v. W.R. Grace & Co., 2000 MT 228, 301 Mont.
240, 8 P.3d 778 (2000), the Montana Supreme Court held that the portion of section
27-1-221(6), MCA, which requires that an award of punitive damages must be
unanimous as to liability and amount, violates Article II, section 26, of the
Montana Constitution, guaranteeing a verdict by a two-thirds majority in all
civil cases.
Punitive
Damages Reform: HB 442 (1987): Mont. Code
Ann. § 27-1-221(5). Requires a plaintiff
to show by “clear and convincing” evidence that a defendant acted with “actual
fraud” or “actual malice.” Requires
the determination of awards for punitive damages to be made in a separate
proceeding. Permits
the admissibility of evidence of a defendant’s net worth only during the
proceeding for the determination of punitive damages. Requires a judge to review all punitive
damages awards and to issue an opinion on his decision to increase or decrease
an award, or to let it stand.
Punitive Damages Reform: Unanimous Jury: SB 212 (1997): Requires a unanimous jury to determine the amount of
punitive damages awards. In Finstad v. W.R. Grace
& Co., 2000 MT 228, 301 Mont. 240, 8 P.3d 778 (2000), the Montana Supreme
Court held that the portion of section 27-1-221(6), MCA, which requires that an
award of punitive damages must be unanimous as to liability and amount,
violates Article II, section 26, of the Montana Constitution, guaranteeing a
verdict by a two-thirds majority in all civil cases.
Product Liability Reform: SB 380
(1987). Provides statutory defenses to product
liability claims, including assumption of the risk and misuse of product.
