Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/29/2020  

Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury.

Provides that a diagnosis of a nonmalignant asbestos-related injury or disease shall not be deemed an accrual of an action based upon a later diagnosis of a malignant asbestos-related injury or disease and that a cause of action for an asbestos-related malignancy shall accrue when the malignant asbestos-related disease or injury is first communicated to the person or his agent by a physician.

Date Version PDF TXT
01/29/2020 Senate: Committee substitute printed 20105691D-S1 Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20104620D Open

            

2020 SESSION

    20105691D
    SENATE BILL NO. 661
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on the Judiciary
    on January 29, 2020)
    (Patron Prior to Substitute--Senator Surovell)
    A BILL to amend and reenact � 8.01-249 of the Code of Virginia, relating to accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury or disease.

    Be it enacted by the General Assembly of Virginia:

    1. That � 8.01-249 of the Code of Virginia is amended and reenacted as follows:

    8.01-249. When cause of action shall be deemed to accrue in certain personal actions.

    The cause of action in the actions herein listed shall be deemed to accrue as follows:

    1. In actions for fraud or mistake, in actions for violations of the Consumer Protection Act (� 59.1-196 et seq.) based upon any misrepresentation, deception, or fraud, and in actions for rescission of contract for undue influence, when such fraud, mistake, misrepresentation, deception, or undue influence is discovered or by the exercise of due diligence reasonably should have been discovered;

    2. In actions or other proceedings for money on deposit with a bank or any person or corporation doing a banking business, when a request in writing be made therefor by check, order, or otherwise;

    3. In actions for malicious prosecution or abuse of process, when the relevant criminal or civil action is terminated;

    4. In actions for injury to the person resulting from exposure to asbestos or products containing asbestos, when a diagnosis of asbestosis, interstitial fibrosis, mesothelioma, or other disabling asbestos-related injury or disease is first communicated to the person or his agent by a physician. However, no such action may be brought more than two years after the death of such person. The diagnosis of a nonmalignant asbestos-related injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant asbestos-related injury or disease, and such subsequent diagnosis shall constitute a separate injury that shall accrue an action when such diagnosis is first communicated to the person or his agent by a physician;

    5. In actions for contribution or for indemnification, when the contributee or the indemnitee has paid or discharged the obligation. A third-party claim permitted by subsection A of � 8.01-281 and the Rules of Court may be asserted before such cause of action is deemed to accrue hereunder;

    6. In actions for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person, upon the later of the removal of the disability of infancy or incapacity as provided in � 8.01-229 or when the fact of the injury and its causal connection to the sexual abuse is first communicated to the person by a licensed physician, psychologist, or clinical psychologist. As used in this subdivision, "sexual abuse" means sexual abuse as defined in subdivision 6 of � 18.2-67.10 and acts constituting rape, sodomy, object sexual penetration or sexual battery as defined in Article 7 (� 18.2-61 et seq.) of Chapter 4 of Title 18.2;

    7. In products liability actions against parties other than health care providers as defined in � 8.01-581.1 for injury to the person resulting from or arising as a result of the implantation of any prosthetic device for breast augmentation or reconstruction, when the fact of the injury and its causal connection to the implantation is first communicated to the person by a physician;

    8. In actions on an open account, from the later of the last payment or last charge for goods or services rendered on the account;

    9. In products liability actions against parties other than health care providers as defined in � 8.01-581.1 for injury to the person resulting from or arising as a result of the implantation of any medical device, when the person knew or should have known of the injury and its causal connection to the device.

    2. This act is intended to reverse Kiser v. A.W. Chesterton, 285 Va. 12 (2013).

    Picture Name From Date Type
    Scott A. Surovell D-Richmond Sponsor
    T. Montgomery "Monty" Mason D-Richmond Cosponsor
    Date Branch Action
    01/31/2020 Senate Senate: Constitutional reading dispensed (37-Y 0-N)
    01/29/2020 Senate Senate: Reported from Judiciary with substitute (14-Y 0-N)
    01/29/2020 Senate Senate: Committee substitute printed 20105691D-S1
    01/24/2020 Senate Senate: Assigned Juciciary sub: Civil Law
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20104620D
    01/07/2020 Senate Senate: Referred to Committee on the Judiciary
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