LRB-3584/1
TKK:cmh:rs
2011 - 2012 LEGISLATURE
December 19, 2011 - Introduced by Senators Taylor, Risser and C. Larson,
cosponsored by Representatives Richards, Roys, Berceau, Bewley, Clark,
Grigsby, Hebl, Pasch, Pocan, Sinicki
and C. Taylor. Referred to Committee
on Judiciary, Utilities, Commerce, and Government Operations.
SB342,1,2 1An Act to repeal 895.043 (6) of the statutes; relating to: awards of punitive
2damages.
Analysis by the Legislative Reference Bureau
Under current law, a person injured by a negligent person can recover the
damages resulting from the injury. Damages include economic damages, such as the
injured person's medical costs, and noneconomic damages, such as compensation or
pain and suffering. In addition, under current law, the plaintiff may recover punitive
damages if he or she can prove that the defendant acted maliciously toward the
plaintiff or in an intentional disregard of the rights of the plaintiff. Current law
limits the amount of punitive damages that may be awarded to twice the amount of
any compensatory damages recovered by the plaintiff or $200,000, whichever is
greater. The limitation on damages does not apply if the conduct of the defendant
included the operation of a vehicle, including a motor vehicle, a snowmobile, an
all-terrain vehicle, and a boat, while under the influence of an intoxicant to a degree
that rendered the defendant incapable of safe operation of the vehicle.
The bill eliminates the limitation on the amount of punitive damages that may
be awarded to a plaintiff.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB342, s. 1
1Section 1. 895.043 (6) of the statutes, as created by 2011 Wisconsin Act 2, is
2repealed.
SB342,2,33 (End)
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