S T A T E O F N E W Y O R K
________________________________________________________________________
5541
1999-2000 Regular Sessions
I N S E N A T E
April 28, 1999
___________
Introduced by Sen. VOLKER -- (at request of the Attorney General) --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to recov-
ery by intoxicated parties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1411 of the civil practice law and rules, as added
2 by chapter 69 of the laws of 1975, is amended to read as follows:
3 S 1411. Damages recoverable when contributory negligence or assumption
4 of risk is established. {In} 1. A. EXCEPT AS SET FORTH IN PARAGRAPH B
5 OF THIS SUBDIVISION, IN any action to recover damages for personal inju-
6 ry, injury to property, or wrongful death, the culpable conduct attrib-
7 utable to the claimant or to the decedent, including contributory negli-
8 gence or assumption of risk, shall not bar recovery, but the amount of
9 damages otherwise recoverable shall be diminished in the proportion
10 which the culpable conduct attributable to the claimant or decedent
11 bears to the culpable conduct which caused the damages.
12 B. UPON THE TRIAL OF ANY ACTION TO RECOVER DAMAGES FOR PERSONAL INJU-
13 RY, INJURY TO PROPERTY, OR WRONGFUL DEATH, WHEREIN THE ISSUE OF THE
14 CLAIMANT`S OR DECEDENT`S INTOXICATION SHALL HAVE BEEN RAISED, THE COURT
15 SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL IN THE BLOOD OF THE CLAIM-
16 ANT OR DECEDENT AS ESTABLISHED BY A CHEMICAL TEST ADMINISTERED TO SUCH
17 CLAIMANT OR DECEDENT INCLUDING, BUT NOT LIMITED TO, CHEMICAL TESTS
18 ADMINISTERED PURSUANT TO THE PROVISIONS OF: (I) SECTION ELEVEN HUNDRED
19 NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, (II) PARAGRAPH (B) OF SUBDI-
20 VISION THREE OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE COUNTY LAW,
21 (III) SECTION FORTY-NINE-A OF THE NAVIGATION LAW; OR (IV) SECTION 25.24
22 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
23 2. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD-ALCOHOL
24 CONTENT, AS DETERMINED BY THE TESTS SET FORTH IN PARAGRAPH B OF SUBDIVI-
25 SION ONE OF THIS SECTION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05723-01-9
S. 5541 2
1 A. EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
2 THAN .10 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN THE BLOOD OF A CLAIM-
3 ANT OR DECEDENT SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT SUCH CLAIMANT
4 OR DECEDENT WAS IMPAIRED. IF UNREBUTTED, SUCH EVIDENCE OF IMPAIRMENT
5 SHALL CONSTITUTE A COMPLETE BAR TO ANY RECOVERY ON BEHALF OF SUCH CLAIM-
6 ANT OR DECEDENT WHERE THE PROOF SHALL SHOW (I) THAT THE IMPAIRMENT OF
7 THE CLAIMANT OR DECEDENT WAS A PROXIMATE CAUSE OF THE OCCURRENCE, AND
8 (II) THAT THE CULPABLE CONDUCT OF SUCH CLAIMANT OR DECEDENT CONTRIBUTED
9 FIFTY PERCENT OR MORE TO THE CAUSATION OF THE OCCURRENCE, OR THAT THE
10 CULPABLE CONDUCT OF SUCH CLAIMANT OR DECEDENT CONTRIBUTED AT LEAST
11 EQUALLY TO THE CAUSATION OF THE OCCURRENCE IF THE ACTION WAS INSTITUTED
12 AGAINST MORE THAN ONE DEFENDANT.
13 B. EVIDENCE THAT THE BLOOD OF A CLAIMANT OR DECEDENT CONTAINED .10 OF
14 ONE PER CENTUM OR MORE, BY WEIGHT OF ALCOHOL, SHALL CONSTITUTE PRIMA
15 FACIE EVIDENCE THAT SUCH CLAIMANT OR DECEDENT WAS INTOXICATED AND SHALL,
16 IF UNREBUTTED, CONSTITUTE A COMPLETE BAR TO ANY RECOVERY ON BEHALF OF
17 SUCH CLAIMANT OR DECEDENT WHEN SUCH INTOXICATION WAS A PROXIMATE CAUSE
18 OF THE OCCURRENCE.
19 S 2. This act shall take effect on the first day of September next
20 succeeding the date on which it shall have become a law.
.SO DOC S 5541 *END* BTXT 1999
Bill S05541
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