2138 Order rescinding Rule 1042.72 of the Rules of Civil Procedure; no. 567 civil procedure rules doc.?

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1000 ]

Order Rescinding Rule 1042.72 of the Rules of Civil Procedure; No. 567 Civil Procedure Rules Doc.

[42 Pa.B. 6872]
[Saturday, November 3, 2012]

Order

Per Curiam

 And Now, this 17th day of October, 2012, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1042.72 of the Pennsylvania Rules of Civil Procedure is rescinded in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Subchapter B. ACTION IN TRESPASS

PRE-TRIAL CONFERENCE

Rule 1042.72. [Medical Professional Liability Actions. Motion for Post-Trial Relief. Excessive Damage Award for Noneconomic Loss] (Rescinded).

 [(a) In a medical professional liability action in which the trier of fact has made separate findings specifying the amount of noneconomic loss, any defendant may include in a motion for post-trial relief under Rule 227.1 the ground that the damage award for noneconomic loss is excessive.

 Official Note: A damage award for noneconomic loss does not include amounts awarded for medical and other related expenses, loss of earnings or earning capacity, or punitive damages.

 (b) A damage award is excessive if it deviates substantially from what could be reasonable compensation. In deciding whether the award deviates substantially from what could be considered reasonable compensation, the court shall consider (1) the evidence supporting the plaintiff's claim; (2) factors that should have been taken into account in making the award; and (3) whether the damage award, when assessed against the evidentiary record, strongly suggests that the trier of fact was influenced by passion or prejudice.

 Official Note: The defendant has the burden of convincing the court that the award deviates substantially from what could be reasonable compensation.

 The factors that the trier of fact should take into account are those set forth in the jury instructions described in Rule 223.3.

 (c) If the court finds that the damage award for noneconomic loss is excessive, the court shall remit the award. If the plaintiff declines to accept the award as remitted, the court shall grant a new trial limited to a damage award for noneconomic loss. The verdict or decision as to liability, economic damages, and punitive damages shall not be set aside under this rule.

 (d) The court in granting or denying the motion shall issue an opinion which discusses the evidence and the factors taken into account in making its decision.

 (e)(1) The court shall enter an order disposing of a motion, or portion thereof, raising the ground of an excessive damage award for noneconomic loss within one hundred twenty days of the filing of the motion.

 (2) If an order has not been entered as required by subdivision (e)(1), the judge who is deciding the motion shall immediately file a report with the Court Administrator of Pennsylvania and his or her president judge which explains why the motion, or portion thereof, has not been decided and when a decision is anticipated.

 (3) A judgment may not be entered pursuant to Rule 227.4 if a motion for post-trial relief is pending with respect to the ground that the damage award for noneconomic loss is excessive.

 (f) This rule shall expire five years from its promulgation date unless continued by order of the Supreme Court.

 (g) This rule shall apply to all cases for which a verdict or decision has not been rendered prior to its effective date.]

[Pa.B. Doc. No. 12-2138. Filed for public inspection November 2, 2012, 9:00 a.m.]