SB 383 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in matters affecting government units, further providing for limitations on damages relating to actions against Commonwealth parties and for limitations on damages relating to actions against local parties.

PRINTER'S NO.   296

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 383
                                                Session of
                                                  2025

     INTRODUCED BY LANGERHOLC, PHILLIPS-HILL, J. WARD, DUSH,
        PENNYCUICK, STEFANO, LAUGHLIN AND VOGEL, FEBRUARY 28, 2025

     REFERRED TO JUDICIARY, FEBRUARY 28, 2025


                                     AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in matters affecting
 3      government units, further providing for limitations on
 4      damages relating to actions against Commonwealth parties and
 5      for limitations on damages relating to actions against local
 6      parties.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Sections 8528(b) and 8553(b) and (c)(2)(ii) of
10   Title 42 of the Pennsylvania Consolidated Statutes are amended
11   to read:
12   § 8528.    Limitations on damages.
13      * * *
14      (b)     Amount recoverable.--Damages arising from the same cause
15   of action or transaction or occurrence or series of causes of
16   action or transactions or occurrences shall not exceed $250,000
17   in favor of any plaintiff or $1,000,000 in the aggregate[.],
18   except in cases involving permanent dismemberment or death, in
19   which case damages arising from the same cause of action or
20   transaction or occurrence or series of causes of action or
 1   transactions or occurrences shall not exceed $1,000,000 in favor
 2   of any plaintiff or $2,000,000 in the aggregate.
 3      * * *
 4   § 8553.    Limitations on damages.
 5      * * *
 6      (b)    Amounts recoverable.--Damages arising from the same
 7   cause of action or transaction or occurrence or series of causes
 8   of action or transactions or occurrences shall not exceed
 9   $500,000 in the aggregate[.], except in cases involving
10   permanent dismemberment or death, in which case damages arising
11   from the same cause of action or transaction or occurrence or
12   series of causes of action or transactions or occurrences shall
13   not exceed $1,000,000 in the aggregate.
14      (c)    Types of losses recognized.--Damages shall be
15   recoverable only for:
16             * * *
17             (2)   Pain and suffering in the following instances:
18                   * * *
19                   (ii)    only in cases of permanent loss of a bodily
20             function, permanent disfigurement or permanent
21             dismemberment where the medical and dental expenses
22             referred to in paragraph (3) are in excess of [$1,500]
23             $10,000.
24             * * *
25      Section 2.      This act shall apply to all causes of action or
26   transactions or occurrences or series of causes of action or
27   transactions or occurrences that occurred on or after the
28   effective date of this section.
29      Section 3.      This act shall take effect in 60 days.



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