PART D

Sec. D-1. 24 MRSA c. 21, sub-c. 11 is enacted to read:

SUBCHAPTER 11

LIMITS ON NONECONOMIC DAMAGES

§2991.__Limits on noneconomic damages

1.__Noneconomic damages defined.__For purposes of this subchapter, "noneconomic damages" means subjective, nonpecuniary damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional stress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, other nonpecuniary damages and any other theory of damages such as fear of loss, illness or injury.

2.__Limitation.__In an action for professional negligence as defined in section 2502, an award of noneconomic damages to a prevailing party may not exceed $250,000.__If the trial of the action is by jury, the jury may not be informed of the damage award limitation established in this section.__If the jury awards total damages in excess of $250,000, the court shall direct the jury to establish the portion of total damages awarded for noneconomic damages. If the portion awarded for noneconomic damages exceeds $250,000, the court shall reduce the award to $250,000 unless the court orders a further reduction in accordance with subsection 3.

3.__Powers of court.__This section may not be construed to eliminate or affect a court's powers of additur and remittitur with regard to the award of all damages, except that the power of additur is limited with regard to noneconomic damages to the maximum amount established in subsection 2.

4.__Application.__This section applies to all causes of action in which a notice of claim is filed on or after the effective date of this section.