Connecticut 2010 Regular Session

Connecticut Senate Bill SB00481 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 481
2	2	February Session, 2010 LCO No. 2499
3	3	02499_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 481
11	11
12	12	February Session, 2010
13	13
14	14	LCO No. 2499
15	15
16	16	02499_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING SEAT SAFETY BELT EVIDENCE AND MEDICAL EXAMINATIONS IN PERSONAL INJURY ACTIONS.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Subdivision (3) of subsection (c) of section 14-100a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010, and applicable to actions filed on or after said date):
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30	30	[(3) Failure to wear a seat safety belt shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action.]
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32	32	(3) In any civil action to recover damages for personal injury as a result of negligence in the operation of a private passenger motor vehicle, the trier of fact shall determine whether any occupant of such motor vehicle was wearing a seat safety belt in accordance with this section at the time of such personal injury. Evidence of failure to wear a seat safety belt may be admissible in such action for the purpose of determining the cause of such personal injury and may be considered as a mitigating circumstance in the award of damages.
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34	34	Sec. 2. Subdivision (4) of subsection (d) of section 14-100a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
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36	36	(4) No person shall restrain a child in a booster seat unless the motor vehicle is equipped with a [safety] seat safety belt that includes a shoulder belt and otherwise meets the requirement of subsection (b) of this section.
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38	38	Sec. 3. Section 52-178a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010, and applicable to actions filed on or after said date):
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40	40	In any action to recover damages for personal injuries, [the court or judge may order the plaintiff to submit to a physical examination by one or more physicians or surgeons. No party may be compelled to undergo a physical examination by any physician to whom he objects in writing submitted to the court or judge] any party adverse to the plaintiff may request that the plaintiff submit to a physical or mental examination by one or more health care providers. The request shall be filed with the court and shall specify the time, place, manner, conditions and scope of the examination and the persons by whom the examination is to be made. The plaintiff shall comply with such request unless, not later than ten days after the filing of the request, the plaintiff files in writing with the court an objection to the request specifying the portions of the request that are the subject of the objection and the reasons for such objection. The court shall order the plaintiff to submit to such examination except upon a showing of good cause by the plaintiff that such examination should not be ordered.
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45	45	This act shall take effect as follows and shall amend the following sections:
46	46	Section 1 October 1, 2010, and applicable to actions filed on or after said date 14-100a(c)(3)
47	47	Sec. 2 October 1, 2010 14-100a(d)(4)
48	48	Sec. 3 October 1, 2010, and applicable to actions filed on or after said date 52-178a
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50	50	This act shall take effect as follows and shall amend the following sections:
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52	52	Section 1
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54	54	October 1, 2010, and applicable to actions filed on or after said date
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56	56	14-100a(c)(3)
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58	58	Sec. 2
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60	60	October 1, 2010
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62	62	14-100a(d)(4)
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64	64	Sec. 3
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66	66	October 1, 2010, and applicable to actions filed on or after said date
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68	68	52-178a
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70	70	Statement of Purpose:
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72	72	To: (1) Permit the introduction of evidence of whether an occupant was wearing a seat safety belt at the time of personal injury in an action to recovery damages for the purpose of determining the cause of injury or as a mitigating circumstance, and (2) require a plaintiff to comply with a request for an independent medical examination in a personal injury action, except upon a showing of good cause by the plaintiff.
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74	74	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]