 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
asbestos claims; required information; liability
Purpose
Requires a plaintiff in any personal injury claim arising from exposure to asbestos to file a sworn statement that includes specific evidentiary information relating to the person's exposure.
Background
Within 45 days after the filing of a defendant's answer in a lawsuit involving a personal injury claim, a plaintiff is required to provide all parties a sworn statement identifying each personal injury claim that the plaintiff has filed or reasonably anticipates filing against an asbestos trust. The statement for each claim must include the name, address and contact information for the asbestos trust, the amount claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend or toll the claim against the asbestos trust.
Additionally, within 60 days after the filing of a defendant's answer, a plaintiff is required to provide all parties with all of the following: 1) for each personal injury claim filed against an asbestos trust, a copy of the final executed proof of claim, all trust documents including trust of claims materials, trust governance documents, any documents reflecting the current status of the claim and, if the claim is settled, all documents relating to the settlement of the claim; and 2) a list of each personal injury claim the plaintiff reasonably anticipates filing against an asbestos trust, including the name, address and contact information for the asbestos trust and the amount that the plaintiff anticipates claiming against the asbestos trust (A.R.S. § 12-782).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the plaintiff in any action involving a personal injury claim arising from exposure to asbestos to file a sworn statement within 45 days after any asbestos action is filed.
2. Requires the sworn statement to specify the facts that provide the basis for each claim against each defendant.
3. Requires the sworn statement to include with specificity:
a) the name, address, date of birth, marital status, occupation, smoking history, current and past worksites and current and past employers for the exposed person, and any other person through whom asbestos exposure occurred;
b) each person who is knowledgeable regarding the plaintiff's exposures;
c) each asbestos-containing product to which the person was exposed or the other person was exposed if exposure was through another person;
d) the identity of the manufacturer or seller of the specific asbestos product for each exposure;
e) the specific location and manner of each exposure, including for any other person through whom exposure occurred;
f) the beginning and end dates of each exposure and the frequency of each exposure including for any other person through whom exposure occurred;
g) the specific asbestos-related disease claimed to exist; and
h) any supporting documentation relating to this information.
4. Specifies that the provisions of this legislation apply to personal injury claims arising from exposure to asbestos that are filed on or after the general effective date.
5. Specifies that a plaintiff has a continuing duty to supplement the information required to be disclosed.
6. Requires a court, on motion by a defendant, to dismiss a plaintiff's claim without prejudice as to any defendant whose product or premises is not identified in required disclosures.
7. Requires a court, on motion by a defendant, to dismiss a plaintiff's claim without prejudice as to all defendants if the plaintiff fails to comply with requirements established by this legislation.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a sworn statement filed for an asbestos related personal injury claim to be filed within 45 days, rather than 30 days, of filing the action.
2. Requires the sworn statement to specify the facts, rather than the evidence, providing the basis for each claim.
3. Removes the requirement that the sworn statement include the length of each asbestos exposure and the proximity of the asbestos-containing product or its use to the exposed person.
4. Removes the establishment of nonliability for a defendant if exposure to asbestos occurred through a later-added asbestos-containing product that was manufactured, distributed or sold by a third-party.
Senate Action
JUD 1/20/22 DP 4-3-1
Prepared by Senate Research
February 2, 2022
ZD/sr