KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

HB0118 • 2008

Loss of chance doctrine abrogated.

AN ACT relating to civil actions; abrogating the common law doctrine of "loss of chance" as specified; providing legislative findings; specifying applicability; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Hallinan
Last action
2008-03-04
Official status
inactive
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0118H3001

3rd reading • STEWARD

Failed

Plain English: Failed 3rd reading by STEWARD

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0118H3002

3rd reading • ILLOWAY

Withdrawn

Plain English: Withdrawn 3rd reading by ILLOWAY

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0118HW001

Committee of the Whole • HALLINAN

Withdrawn

Plain English: Withdrawn Committee of the Whole by HALLINAN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0118HW002

Committee of the Whole • HALLINAN

Adopted

Plain English: Adopted Committee of the Whole by HALLINAN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2008-03-04 LSO

    S Died In Committee

  2. 2008-02-27 Senate

    S Introduced and Referred to S10; No Report Prior to CoW Cutoff

  3. 2008-02-27 Senate

    S Received for Introduction

  4. 2008-02-26 House

    H Passed 3rd Reading

  5. 2008-02-26 House

    Amendment Failed

  6. 2008-02-25 House

    H Laid Back Pursuant to HR 9-3

  7. 2008-02-22 House

    H Passed 2nd Reading

  8. 2008-02-21 House

    H Passed CoW

  9. 2008-02-21 House

    H Amendments Adopted

  10. 2008-02-21 House

    Amendment Adopted

  11. 2008-02-19 House

    H Placed on General File

  12. 2008-02-19 House

    H10 Recommended Do Pass

  13. 2008-02-13 House

    H Introduced and Referred to H10

  14. 2008-02-12 House

    H Received for Introduction

  15. 2008-02-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0349.E1

HOUSE BILL
NO.
HB0118

Loss of chance doctrine abrogated.

Sponsored by:
Representative(s) Hallinan, Cohee, Dockstader,
Edmonds
, Iekel, Jorgensen, Lubnau, McOmie, Miller, Millin and Stubson and Senator(s) Hines, Landen and Perkins

A BILL

for

AN ACT relating to civil actions; abrogating the common law doctrine of "loss of chance" as specified; providing legislative findings; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
12
‑
602 is created to read:

1
‑
12
‑
602.

Loss of chance doctrine abrogated; findings.

The
Wyoming
legislature finds that in those actions founded upon an alleged want of ordinary care or skill, the conduct of the responsible party must be shown to have been the proximate cause of the injury upon which the complaint is based.
T
he loss of chance doctrine is hereby abrogated

for any person unable to establish a loss of chance of twenty-five percent (25%) or more. In a civil action resulting in a successful loss of chance claim, the damages recoverable by the plaintiff shall equal the total sum of the damages for the underlying injury or death multiplied by the percentage of the chance for successful treatment

that was determined to have been lost as a result of the negligence of the defendant
.

Section 2.

This act applies to causes of action for personal injury or death for which a complaint is initially filed on or after the effective date of this act.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0118